Investigative documents not privileged materialIn 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 Rogers02/21/2012|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. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.