VIC Defamation in the Workplace - Recourse?

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Sophia KA

Member
15 February 2017
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I have an employee at work who I no longer manage that has made false allegations on numerous incidents. He was involved in that are now 3 months later leading to me having a warning counselling.

He advised that I said at work the word retard (which I did not) and finds this inappropriate as he has a retard Aunty and this offended me.

He advised that I checked a medical certificate, which he provided upon his return to work and I accused him of doctoring the med cert. I did not - I just checked the document as a manager should and ensured it was ok for him to work on the day as his doctor circled the wrong box.

He then defamed my character by lying about an incident relating about our corporate dress policy where he turned up to work with an un-ironed wrinkly shirt and he looked disheveled an unprofessional. I took him into a room alone, asked him if he was ok and if he was aware of the professional work attire and he explained that he had just moved house so doesn't have an iron.

I excused his attire and asked him to adhere to our dress code. His version was that I embarrassed him on the floor which never occurred.
 

Tim W

Lawyer
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28 April 2014
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Mere embarrassment and/or a mere he said/ she said dispute
is not always automatically defamation.
 
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Rod

Lawyer
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27 May 2014
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This is a borderline situation and probably not worth the time and risk in pursuing a legal action.