OGSB 1994

The union sought production of an investigator's report and related documents in a grievance proceeding.

The employer argued the documents were protected by litigation privilege as they were prepared in anticipation of litigation.

The Grievance Settlement Board applied the dominant purpose test and found the investigation was initiated to determine the basis of allegations against the grievor, not primarily for litigation.

Furthermore, any privilege was waived by the employer's partial disclosure of the report.

The Board ordered production of documents arguably relevant to the specific grievance, but denied requests for documents relating to other ministries or similar cases.

In a grievance arbitration involving allegations of discrimination and sexual harassment, the union filed particulars naming two members of management.

The two individuals attended the hearing and requested third party status to defend their reputations, as the employer indicated it would not necessarily represent their interests.

The union opposed the request.

The Crown Employees Grievance Settlement Board granted the individuals third party status, finding that the potential for permanent damage to their reputations and standing in the community constituted a vital, direct, and compelling interest that warranted an exception to the general rule against granting third party status in rights arbitrations.

A partial dissent would have denied third party status.