The respondent in a human rights application brought a Request for Order During Proceedings seeking production of job applications submitted by the applicant in the six months prior to his resignation.
The respondent argued the documents were relevant to its position that the applicant's resignation was unrelated to an alleged poisoned work environment.
The Tribunal applied the arguable relevance test and ordered the applicant to produce the requested documents, finding they provided an inferential link to support the respondent's line of defence.