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VIC Defamation of Company Manager from Previous Company - Can I Sue?

Discussion in 'Defamation Law Forum' started by jack_ryanmitchell, 25 October 2015.

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  1. jack_ryanmitchell

    25 October 2015
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    Recently I was handed a employment agency file containing defamatory comments and records of statements made by a company manager from a past employer that I wasn't aware of, made in reply to a request for reference for another job. The contents of the files were particularly defamatory, untrue and not in keeping with the performance reviews - can I sue for defamation ?

    Is the person who made the comments responsible for the original comments (slander) and then the republication in writing (libel)? Is the company also responsible for the managers slanderous comments, which were recorded in print, and republished several times?

    Given that the records have been accessed several times, constituting re-publication, is each publication a new claim?
  2. JS79

    JS79 Well-Known Member

    2 October 2015
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    Hi there,

    An article on defamation can be found here:
    Have You Been Defamed? What You Need to Know About Defamation Law in Australia - Legal Blog -

    Basically, your ex employer can rely on the defence of "truth". It will then be up to the judge to determine whether he believes your evidence or your ex employer's evidence.
    An article regarding the defences available to defamation law can be found here:
    Defences to Defamation in Australia - Legal Blog -

    If you still would like to pursue a claim in defamation then I suggest you contact a lawyer who specialises in defamation law. See
    to be connected to a local defamation lawyer.
    jack_ryanmitchell likes this.

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