Investigative documents not privileged material

In a harassment grievance, the union wanted to see the report the employer had compiled to justify its discipline. The employer refused, claiming solicitor-client provilege because the investigator was a lawyer. The arbitrator found the report was not legal advice and did not benefit from the privilege.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 02/21/2012

Pursuant to a grievance alleging a worker was unjustly disciplined in retaliation for union activity, the union made a preliminary bid for access to investigative documents.

The case concerned a Charge Nurse at a hospital who was disciplined by her employer following allegations of bullying and harassment.

On March 14, 2011, the employer notified the nurse by letter that she was being issued a written warning. She was also told she was to be removed from her role as Charge Nurse.