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SA Recruitment Agency Sent Resume Without Permission to Previous Employer - Defamation?

Discussion in 'Defamation Law Forum' started by ALANk, 8 October 2015.

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  1. ALANk

    ALANk Member

    8 October 2015
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    I am a job seeker and a recruitment agency sent my resume with out my permission to a past employer and an employer that I had recently applied for work with and was unsuccessful. Would this be a defamation case?
  2. JS79

    JS79 Well-Known Member

    2 October 2015
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    Dear Alan,

    Defamation is defined as being an action by a person (or many people) that has destroyed another person's reputation either by verbal or written information. In South Australia, the tort of defamation is governed by common law and the Defamation Act 2005 (SA).

    The Plaintiff (the person bringing the case) has the burden of proof to prove that the information that was provided was false, the information must of been communicated either verbally or written to a third party and the information that was communicated to a third person must have reference to the particular person.

    Looking at the particular aspects of your situation it seems unlikely that the action of the recruiter would be deemed defamatory as the information that was passed on to the third parties was your resume - which is a true document.

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