High Court orders an employer to provide discovery in terms of the documentation that they already agreed to furnish, and awards it the costs of the motion, on the grounds that the documentation offered was sufficient, and the categories of documentation sought in relation to claims of bullying, harassment and misogynistic behaviour were not relevant to the proceedings.
High Court – lay litigant – discovery of ten categories of documents – motion for discovery – costs application in the defendant’s motion for discovery – author and publisher relationship – claim for loss of royalties and earning potential – relevance and necessity – proportionality – fishing expedition – confidential information not relevant to the issues – documents and records relating to contract negotiations – documents and records relating to correspondence between the defendant and the education consultant – no claim of bullying and harassment in pleadings – brief reference to insulting tone does not constitute a sufficient plea – plaintiff not entitled to documentary evidence that will assist her in making a case of bullying, harassment and misogynistic behaviour when no such claim is sufficiently made – documents the defendants have offered are sufficient – documentation sought required to determine percentage of sales and whether programmes were being used as a loss leader – no such case made in her pleadings – documentation sought in relation to late payment of royalties and errors in royalty statement is an inappropriate fishing expedition – documents offered are sufficient – documents offered are sufficient to enable the plaintiff to make the case in relation to the defendant’s failure to ensure international sales of her work – documents and records pertaining to any and all settlements by the defendant of workplace harassment and bullying of female employees – no relevant plea – would be a departure from normal practice to require discovery of settlements arising from claims of workplace bullying and harassment – discovery in terms of the documentation the defendant agreed to furnish by letter – defendant entitled to the costs of the motion.