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Dafamation worth pursuing?

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vincen View Drop Down
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Joined: 30/January/2012
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  Quote vincen Quote  Post ReplyReply Direct Link To This Post Topic: Dafamation worth pursuing?
    Posted: 03/February/2012 at 10:55
If you lose out on a job appointment because of a negative, and untrue reference from a former boss, is that sufficient grounds to sue for defamation? Its the 3rd time a job has been missed because of this former boss? How do Aust courts view such cases?

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 03/February/2012 at 12:39
Don't use the previous boss as a reference.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

vincen View Drop Down
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  Quote vincen Quote  Post ReplyReply Direct Link To This Post Posted: 03/February/2012 at 12:51
Sure, but is it still a clear case for defamation...we're that annoyed we'd definitely file?

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 03/February/2012 at 13:04
How deep are your pockets? Perhaps get a "cease and desist" letter from a solicitor and see if that stops it. Are the statements the ex boss making true though? Truth is a defense for defamation / slander.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

boony View Drop Down
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  Quote boony Quote  Post ReplyReply Direct Link To This Post Posted: 03/February/2012 at 14:09
Difficult situation. Many companies want a reference from the previous company and won't but previous company supplies bad reference. Catch 22.

How do you know about the alleged bad references?

You will need to get proof of the slander. Will prospective employers provide that prrof or make a statement?

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 03/February/2012 at 14:51
You are in Queensland and under Queensland law an employer has certain freedoms to express an opinion about an employee or former employee, while remaining immune from prosecution.

For example if he were to say that you were not a hard worker, you do not have a case, because this is his opinion as an employer. However if he were to say that you were untrustworthy, because a thousand dollars went missing from the till on your watch, he could be sued, if a successful prosecution had not occurred.

If he was asked if he would employ you again and answers, No, but gave no explanation, he also could not be successfully sued.

As advised, do not use him as a reference, and do not mention that you ever worked for him.

See the other defamation thread for some ideas on ways around this gap in your resume.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

vincen View Drop Down
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  Quote vincen Quote  Post ReplyReply Direct Link To This Post Posted: 03/February/2012 at 14:55
OK, sound advice. Thank you for all replies

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