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QLD Defamation Law - Co-Worker Making False and Baseless Claims - Sue?

Discussion in 'Defamation Law Forum' started by Raa, 2 December 2015.

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  1. Raa

    Raa Member

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    An employee where I work is claiming I have caused him to suffer a medical condition (as yet unknown as even doctors don't know the cause yet), due to the stress I have put him under. I have not asked him to do anything that I have not asked every other person in his position to do, nor do I expect any more from him than others in the same position. He has also accused me of being racist and sexist with no basis and has physically intimidated me. His claims are causing me great distress and are starting to affect my own work.

    What can I do to stop him from spreading claims that his issues (overweight, unfit) are my fault without medical evidence to prove it, and if he continues to slander me by claiming that his current situation is my fault, can I sue him under Defamation Law? When it is found that I have nothing to do with his health issues, can I sue him then?
     
  2. beanie

    beanie Well-Known Member

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    You need to be able to prove:
    1. He published (said, wrote, post online) a defamatory statement about you
    2. The statements identified you
    3. The statements were published to at least 1 3rd party or more without any lawful reason.

    However, just because he defamed you, doesn't mean you have much of a purpose in suing. If you cannot demonstrate a specific damage (e.g mental health, lost of reputation, colleagues thinking less of you) then suing is pointless coz it is costly and you may not be entitled to much on awards.

    If the defamatory statements he had made against you were made to a 3rd person (e.g he emailed a colleague) you can consider asking a lawyer to write a concerns notice, which means you're giving him a chance to make amends (e.g stop).

    Defamation is not easy to prove and even when proven doesn't necessarily mean you are entitled to damages.
     
  3. Raa

    Raa Member

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    Thanks Beanie. Hopefully I have no more issues with this particular person.
     

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