Public Service Labour Relations Board
Symbol of the Government of Canada

Zhang v. Treasury Board (Privy Council Office)

document icon
Full Text
2010 PSLRB 46
Before: Marie-Josée Bédard
Decision Rendered: March 29, 2010
Original Language: English

Subject terms:

Interim decision – Objection to order for production of documents – Labour relations privilege claimed – Arguable relevance – Wigmore criteria

The grievor was terminated from her position as a direct consequence of the revocation of her Secret security clearance – she successfully grieved the termination and the adjudicator ordered the employer to conduct a diligent search for an alternate position for her – the search was unsuccessful and her employment was terminated once again – the present grievances were filed alleging that the employer had failed to conduct a diligent search and had acted in bad faith – the employer was ordered to produce, in advance of the hearing, certain documents relevant to the grievances – it produced several of the documents but refused to provide others, arguing that they should remain confidential on the grounds of labour relations privilege – a hearing was convened to deal with the employer’s refusal to produce the documents – the documents in question were communications between labour relations officers or between labour relations officers and management representatives about the course of action to take with respect to the grievor in light of the decision to reinstate – the adjudicator held that while the documents were arguably relevant, labour relations privilege had not been recognized as a class privilege and that the Wigmore test had to be applied – while the relationship between management representatives ought to be sedulously fostered, the interests of those actors must be balanced with the need to ensure the proper administration of justice – the fourth criterion of the Wigmore test favoured disclosure – the grievor’s right to a fair hearing outweighed the need to protect confidentiality of communications – the issues raised by the grievances stem from an order of an adjudicator and not from decisions made by the employer at its own discretion – the issue relates to the credibility of the grievance process and respect for orders issued by adjudicators.

Objection dismissed.