NSW Defamation from Previous Employer - What Can I Do?

[DeanSyd]

Evening All

New to this forum. Seeking some help about my situation the occurred today.

My new manager called me today regarding a call he got from a government agency that governs our industry and in particular my new company. The government official also governs my previous employer.I didn't leave on the best terms with them but all seemed to be resolved and we all moved on.

So my previous employer told the official that I lack certain skills for the job in a recent meeting. He then passed the message on to my new employer. My new employer was shocked at the comments as he knows that I lack none of the skills mentioned by the previous employer.

As part of my new job, I was sent overseas for training at the most highly recognised training organisations and passed the course with flying colours.

Is there anything I can do under Defamation Law? I feel like the comments from my previous employer could really harm my reputation in my industry.

 

[Lance]

Hi Dean,

The main problem you have is that the defamation is hearsay at the moment. You would need to get a statement from your employer and the regulator and I'm guessing the regulator won't want to get involved.

I would suggest your current employer should also be concerned because it sounds like your previous employer set about to undermine your current employers business by defaming you. One way you can deal with this is to write to your previous employer and demand a letter of apology with the threat of having the case heard in court if they fail to do so.

Your best bet is to speak with a lawyer skilled in defamation cases to see if enough supporting evidence can be gathered to establish a case.

This blog post might give some more useful information: Have You Been Defamed? What You Need to Know About Defamation Law in Australia - Legal Blog - LawAnswers.com.au

 

[DeanSyd]

Hi Dean,
The main problem you have is that the defamation is hearsay at the moment. You would need to get a statement from your employer and the regulator and I'm guessing the regulator wont want to get involved. I would suggest your current employer should also be concerned because it sounds like your previous employer set about to undermine your current employers business by defaming you. One way you can deal with this is to write to your previous employer and demand a letter of apology with the threat of having the case heard in court if they fail to do so. Your best bet is to speak with a lawyer skilled in defamation cases to see if enough supporting evidence can be gathered to establish a case. This blog post might give some more useful information: Have You Been Defamed? What You Need to Know About Defamation Law in Australia - Legal Blog - LawAnswers.com.au

Thank you for the help.

I will be calling my former employer on Monday to discuss the situation. I'm sure there's going to be lots of back peddling but if not, I will throw the book at them

 

[Rod]

Keep in mind the ex-employer has a possible defence of honest opinion, however, if the opinion is not reasonably held, the defence fails.

 

[DeanSyd]

Hi Rod

The problem is it's all based on opinion at the moment. The fact that his opinion is that I was deficient and it's been proven now that I was never and have never been.

 

[Rod]

You may well be correct and the advantage you have is if you can prove defamation occurred, then he has to establish his opinion is true. Letter as suggested by Lance is a good start.