Libel

pirelli

In a hypotetical situation could you sue a company for failing to protect their employee from a libel that was published on their financial services network by a disgruntled worker.

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A published libel occoured in wall street stock brokers where it was alleged by opinion in a circulated email that a stock broker J.D. Salzinbrow could be insider trading and perhaps it was due to being in debt to the mafia as he was definitely seen downtown in a sleazy joint.

J.D Salzinbrow was working in another district and was unaware of the libel.

As the manager of the ALTLANTICA Stock Brokers Miss Smurfphy found the libel to basically suit her opinion about J.D Salzinbrow and allowed the email to continue circulation and be re-published throughout the company and did not follow company rules and guideline that prohibit such emails and require the managers to take action and the manager in this situation made no effort to control the email or prevent it from being re published nor did the manager comply with guidelines which require the manager to escalate such a situation.

The libled J.D Salzinbrow never knew about the libel although did receive some very disturbing messages as a result of the libel and his post was soon lost and he was bankrupted.


Can J.D Salzinbrow sue ATLANTICA stock brokers for the libel or can he only sue the disgruntled employee who was a random clerk for first publishing the email. What could J.d Salzinbrow do in this situation.

Tom Young

Yes, but the test for Libel is a personal one if you check the Defamation Act - 1961.

So, for a legal person (i.e. a company) to bring a libel action - but simply saying something that is merely damaging to the company’s good name is libel understates the test (from the act).

Internationally, general issues about publisher liability were dealt with in the familiar Gutnick case.

Tom

dermot_sheehan

A company is liable if it "publishes" the libel, that is transmit it to third parties. There is a defence of innocent dissemination but the publisher in that case needs to make an offer of amends under s. 21 of the defamation act 1961.

Also it is possible for bodies corporate to bring libel actions in the name of the company but not public authorities (Derbyshire Co. Co. v. Times Newspaper)

pirelli

Tom Young wrote: »

Yes, but the test for Libel is a personal one if you check the Defamation Act - 1961.

So, for a legal person (i.e. a company) to bring a libel action - but simply saying something that is merely damaging to the company’s good name is libel understates the test (from the act).

Internationally, general issues about publisher liability were dealt with in the familiar Gutnick case.

Tom

They were all employees at atlantica stock brokers and a libel was published and atlantica management failed to remedy the situation. I am almost certain that Atlantica would be vicariously liable.

Tom Young

So what's your suggestion in relation to litigating this?

pirelli

Tom Young wrote: »

So what's your suggestion in relation to litigating this?

I would expect that J.D Salzinbrow could get reinstated into his old job if he wrote to the top brass at the company and the employee and manager should be receive a disciplinary action.

The company should be honest and make an effort to apologise so as to avoid the bad press and any further legal actions. The company should not try and cover up or conceal facts in an attempt to prevent J.D Salzinbrow from a full and open account of events that transpired as this would cause a scandal.

Wages should be back dated in full for time lost.

Rhonda9000

Right... litigation

pirelli

Rhonda9000 wrote: »

Right... litigation

I had to remove user from ignore list for that. TSK

Well, Just to get Rhonda all excited I would make an :


Initial demand:
My lawywer and I would make an initial demand by letter that was reasonable and involve retaining the old post.
Pre litigation:
I would seek to meet and resolve any outstanding issues.
I would seek back pay and reinstatment.

Outstanding issue of Miss Smurphy
Litigation:
I think that due to the Miss Smurfphy behaviour that this matter would probably have to go before a court of law. It is unlikely that Altlantico stock brokers would be in a position to give an unbiased and fair settlement outside of a court. As initially and sadly for J.D Salzinbrow and his lawyer they might be forced to deal with the same management and endure a long and costly litigation.
Trial or demand for arbitration:
A formal suit for Defamation would be filed.

Rhonda9000

pirelli wrote: »

Well, Just to get Rhonda all excited

The things you do to me pirelli