WA Being accused of lieing on a statement for work.. They are going around saying they have a defamation claim in...

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Dinodog4

Active Member
17 October 2020
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0
31
I have been forced legally to make a statement (Record of Conversation, not so much a formal statement) at work by my employer due to an alleged perceived exclusive relationship between my former boss and someone who works underneath me.

Within it I have stated that there were multiple instances of preferential treatment from the boss towards this person. And that it was affecting the way that I could manage this person at work due to their relationship.

(That was just to add some context behind it)

These two people ended up being separated at work and placed in different offices. One of them have now claimed that they are taking the ones who made a statement (there was multiple people questioned before a decision was made) to court for defamation as we lied apparently.

In your mind is the following preferential treatment?...

1. There was one situation where the worker was playing on her Nintendo Switch at work... The other employees came up to me and another supervisor annoyed that they are all working whilst she is just lazing around playing switch... When we asked her about it she got cranky and said she was with our boss in his office doing other work. Later that day our boss comes in and says that he is going to kill someone... when we ask who he is going to kill, he responds with I'm not going to tell the people I want to kill. Later I go to his office and ask him what it was about. He said he was annoyed that people lied about the employee being on her switch...

2. He gave her leave over others over the Christmas period which impacted everyone else's amount of days that needed to be worked.



3. Whenever we attempted to give her direction she would run to him and get it changed as she did not like what she was saying to us.

4. Any personal details we ever revealed to our boss would go to her as they were very close... No one felt comfortable with any personal issues going to the boss as they knew she would find out and spread the information (of which I have text message evidence).

5. They would spend hours upon hours in the bosses office together and she would use this as an excuse to get out of work.

There were some parts of my Record of Conversation which probably could have been worded a little bit better, such as I said that I removed myself from interactions involving them.... which makes it sound like at all times including work... However in reality I avoided interactions with them on a personal level outside of work. I never mentioned a reason as to why I removed myself from interactions....

I also mentioned that they spent hours and hours in an office together as mentioned above... However on occasion I too would sit with them as they would say I have food if you want to come in for a chat... Felt rude if I didn't accept... I would stay for roughly 45 mins to an hour, however they would remain. On average they would spend at least 3 or 4 hours in the office most times with the door shut... Could the fact that I never mentioned I sat with them occasionally get me in trouble??? It doesnt take away from the fact they would sit together for hours on end alone.

The only last thing that could have been worded better was there was an occasion where the worker was being too loud. I corrected her to be a bit more quite as it comes off as unprofessional... She responded with relax the boss was here too... I assumed he was there... So my conversation is recorded as saying he was in the vicinity and had no issue with the situation (her being too loud). If he wasn't there could that be taken as defamation? But then how would this have any impact on his character? In my opinion it doesn't. But want to get others opinions who are probably a bit more used to the law side of things.

I know (from the two in the alleged perceived exclusive relationship) that some others who made statements actually tried saying that they were caught with there hands around one another (not in mine however)

That's about it sorry for the mega post, hope to receive a response soon.

What are your opinions on each paragraph? In my honest opinion I think I'm thinking too much into it... However the fact the worker has been going around saying shes seeing a lawyer for a defamation claim, and messaging me saying that everything is going to come out in court soon worries me... Because I'm a bloody stress head :(.

Please help :)
 

Dinodog4

Active Member
17 October 2020
9
0
31
To put it into perspective... It was just my employer asking me to provide examples where the perception existed that there was an exclusive relationship. Perception is a big thing in my job between positions.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,225
973
2,894
1 yes
2 yes
3. yes
4. yes, and breach of employer duties
5. yes

the worker has been going around saying she's seeing a lawyer for a defamation claim

In the words of @Tim - tell her to go ahead. Say if you are involved you'll be reading it with interest.

The fact she is saying these things is likely grounds for an official warning - causing unrest and harassing others. She should also have been counselled about being in a relationship at work.

Stop stressing, not much to worry about. Go play a round of golf (or your recreational activity of choice).
 

Dinodog4

Active Member
17 October 2020
9
0
31
Okay awesome. If they were taking me to court would they be able to serve me via email? Is there a process to being served? Or do they have to do a concerns notice before taking someone to court?

So you honestly don't think I have much to worry about from what you can gather from my above post?

Cheers
 

Dinodog4

Active Member
17 October 2020
9
0
31
This person has said to me via messenger that she everything is going to come out in court and that I will soon see what she means by court... If this was true would she have been instructed to not talk to me about it?

Does this sound like total BS?
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,225
973
2,894
Q:If they were taking me to court would they be able to serve me via email?
A: Not to start with.

Q: do they have to do a concerns notice before taking someone to court?
A: Yes.

Q: you honestly don't think I have much to worry about from what you can gather from my above post?
A: Yes. And anyway you will have time to reconsider if she issues a concern's notice.

Q: If this was true would she have been instructed to not talk to me about it?
A: If she had proper legal advice - yes.

Q: Does this sound like total BS?
A: Yes.
 

Dinodog4

Active Member
17 October 2020
9
0
31
Okay, so the first step in it all is to submit a concerns notice? Doesn't even touch the courts?.

The fact they are both married to other people could the fact it was detailed as a perceived exclusive relationship be classed as defamation? Even if I just provided circumstances that occurred that gave off that perception of an exclusive relationship (I more took it as being too close friends, not anything more, however the interviewer called it an exclusive relationship which could probably be taken either way, I take it as too close).
 

Dinodog4

Active Member
17 October 2020
9
0
31
Okay, so the first step in it all is to submit a concerns notice? Doesn't even touch the courts?.

The fact they are both married to other people could the fact it was detailed as a perceived exclusive relationship be classed as defamation? Even if I just provided circumstances that occurred that gave off that perception of an exclusive relationship (I more took it as being too close friends, not anything more, however the interviewer called it an exclusive relationship which could probably be taken either way, I take it as too close).
 

Dinodog4

Active Member
17 October 2020
9
0
31
Okay, so the first step in it all is to submit a concerns notice? Doesn't even touch the courts?.

The fact they are both married to other people could the fact it was detailed as a perceived exclusive relationship be classed as defamation? Even if I just provided circumstances that occurred that gave off that perception of an exclusive relationship (I more took it as being too close friends, not anything more, however the interviewer called it an exclusive relationship which could probably be taken either way, I take it as too close).
 

Dinodog4

Active Member
17 October 2020
9
0
31
Okay, so the first step in it all is to submit a concerns notice? Doesn't even touch the courts?.

The fact they are both married to other people could the fact it was detailed as a perceived exclusive relationship be classed as defamation? Even if I just provided circumstances that occurred that gave off that perception of an exclusive relationship (I more took it as being too close friends, not anything more, however the interviewer called it an exclusive relationship which could probably be taken either way, I take it as too close).