Employer Defamation

barman linen

Has anyone got any good references on Employer Defamation - am doing some research and want to see some case histories.

Specifically am looking at a veiled accusation of securing commission payments under false pretences.

Any help ( not advice ) appreciated.....

Tom Young

Most of the time, the employer will be able to secure a Defence, that defence being qualified privilege. The truth always defeats defamation. Taking an action in defamation, should only be considered on the clearest of grounds and cases.

Sales commission payments are the classic fail areas for defamation actions and alleged actions.

If an accusation of fraud has arisen, report it and have it independently investigated.

Tom

PS: Seek a solicitors assistance per charter.

Tom Young

Your difficulty is that veiled threats, while threats, are veiled. Remove the veil.

barman linen

Thanks...hypothetical case....

HR Director with access to employment records make accusation that employee is claiming commission on account that may have predated his employ. HR Director has access to Account information and employee start dates yet copies several people querying why employee is claiming the commission.

Account was secured by employee validly 2 years after HR Director claims it was awarded.

To me that sounds like a fraud allegation.....

Understand the charter etc.

Tom Young

The HR person is entitled to make inquiries. Though, they should be limited to persons who have a moral, commercial or lawful interest in the subject and receiving the information. That would be qualified privilege in terms if the company's defence.

Hard unless the allegation isn't a 'may' but a 'did'.

barman linen

Tom Young wrote: »

The HR person is entitled to make inquiries. Though, they should be limited to persons who have a moral, commercial or lawful interest in the subject and receiving the information. That would be qualified privilege in terms if the company's defence.

Hard unless the allegation isn't a 'may' but a 'did'.

But shouldn't the enquiries be with the data at thier disposal rather than questioning the employee on email with multiple copies?

Is sending the mail not an example of malice ?

Tom Young

barman linen wrote: »

But shouldn't the enquiries be with the data at thier disposal rather than questioning the employee on email with multiple copies?

Is sending the mail not an example of malice ?

The HR person is entitled to make inquiries and depending on the workflow within the organisation, may be entitled to send the emails in the manner described. It's not ideal of course.

My own view is that grounding a complaint on that basis is going to be problematic.

The information may be incorrect in the systems, could be any permutation of reasons for the mistake.

Seek an internal measure to resolve your grievance, not recourse to the Courts. The defamation claim will not operate if you've not been lowered per the test in the legislation.

Tom

barman linen

Thanks...hypothetical of course.....it is part of a pattern of behaviour though so there is some malice there.

Tom Young

barman linen wrote: »

Thanks...hypothetical of course.....it is part of a pattern of behaviour though so there is some malice there.

Not legal advice: I'd not run that. Resolve the matter internally.

barman linen

cool.....thanks...