What are the risks of employee defamation to an organization and how and why is it important to identify and prevent it before it occurs?
Ans) There are a number of “piggyback” claims that we see as part of wrongful dismissal claims against our employer clients – intentional infliction of mental distress; discrimination contrary to human rights legislation etc.
- Amongst these “piggyback” claims isdefamation. An employee may claim that the employer (through one or more of its employees) has made defamatory statements regarding the lead-up to or in the aftermath of a termination.
- Although rare, employees have been successful in obtaining damage awards against their former employers (on the basis of vicarious liability) with respect to such statements.
- It’s important for employers to be aware of what defamation is; how it can be held responsible for it; and, most importantly, how to prevent it.
- A defamatory statement is one involving words that “would tend to lower [a person]’s reputation in the eyes of a reasonable person…” The statement can be written (libel) or spoken (slander).
- In order to obtain an award of damages for defamation, a plaintiff must show more than the mere communication of words tending to “lower” his or her reputation. According to the Supreme Court of Canada, he or she must also show:
that the words in fact referred specifically to the plaintiff;
and
that the words were published, meaning that they were communicated
to at least one person other than the plaintiff
- How to avoid defamation:
Be aware of what you're saying.
Control the meaning.
Only say what you can prove.
Pick the right “tier” of meaning.
Sa awy what you don't know.
Use the language of opinion.
Make sure the opinion is based on true facts. ...
Put them together
What are the risks of employee defamation to an organization and how and why is it...
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