NSW Defamation by Employer / Manager

[Cobra_Mkiii]

I have recently learned that the my manager has provided a statement on my character to the senior management group including the executive General Manager for our group in our company. The statements he has expressed are not based on a formal process nor have they been discussed with me, however were distributed and minuted as part of their meeting.

The perceived defamation is simple enough, my manager has stated that I am a high maintenance resource, with far too much ‘red’ and ‘green’ behaviour. Believe the way forward is as a resource focused on local business, and not from a management point of view. The Red and Green behaviour that is referenced is a new system of highlighting characteristics that is supposed to be for the individual to highlight areas of improvement. Red and Green behaviours are the worst behaviours.

My manager has not consulted me on these perceptions but has chosen to put into a closed forum that consists of the entire management structure above me. I don't believe them to be accurate and I am certain that the labelling of Red and Green has not been determined using the appropriate tools.

This has already had an effect on my position in the company where my role is in the process of being reduced and my direct reports are being taken from my role.

Is this a case of defamation? What if it is what's next?

 

[Chris Gander]

Hi Cobra,
The three most important factors in any potential defamation case are:

1. the plaintiff must be clearly identifiable in the communication;
2. the communication must be damaging to the plaintiffs reputation; and
3. the communication is in some way false or unsubstantiated.

I.e. the communication must be "damaging". Has your role changed in any way? Has your salary been reduced because of the defamation? Have you lost your job because of the defamation? Have you been demoted? Moved to another department? These things represent damage. If nothing has really happened to you, it'll be hard to prove that your reputation has been damaged.

Thirdly, if you think defamation has occurred - you immediately need to speak to a lawyer and discuss your options. However, the first option is almost always a 'Cease & Desist' letter.

 

[Worldly1]

Hi @Cobra_Mkiii
Have a read of this LawAnswers Blog post on defamation law that will help you determine whether its defamation and your options: Have You Been Defamed? What You Need to Know About Defamation Law in Australia - Legal Blog - LawAnswers.com.au

I think there is an employment law issue to deal with as well - Is there an internal HR dispute resolution process you can make use of to deal with your manager?