Australia's legal information and law firm referral service
AussieLegal.com.au
call 1300 728 200  
 
  FAQ FAQ  Forum Search   Register Register  Login Login

Defamation (slander), Breaches of Information Act?

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
FaithNoMore View Drop Down
Newbie
Newbie


Joined: 21/April/2012
Location: Australia
Posts: 29
  Quote FaithNoMore Quote  Post ReplyReply Direct Link To This Post Topic: Defamation (slander), Breaches of Information Act?
    Posted: 15/June/2012 at 13:18
It has recently come to my attention that an employee of my most recent employer has communicated certain anecdotal events regarding my employment therein with further personal judgements and negative recommendations regarding my employability. The receiving parties include employment agency staff and other hiring managers within places of potential employment. As a result, my potential for employment has been marred. I possess both first-hand and hearsay evidence.

The alleged events during my employment were not met with any reprimand nor was it formalised that my employment was terminated as a result of such (was casual employment and stated as work ran out). There were issues but these included ostracism and inappropriate actions toward myself.

I have not requested the ex employer to act as an employment reference, have not requested a third party to contact them for this purpose nor do I assume that the provision of unsolicited information regarding an employee, of any status, form part of an existing policy.

Are such action(s) accountable by law as they have severely impaired my employment prospects?

 

AussieLegal DIY Legal Kits and Paralegal Services

DIY Probate - $250 & full paralegal service - $600 - save up to 90% in legal fees

Letters of Administration - $1,250 - full paralegal service - save thousands in legal fees

Pre/Post Nuptial Agreements, fully certified & enforceable - $1,350

De Facto Agreements, fully certified & enforceable - $1,350

DIY Wills and Powers of Attorney from $29.95

Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

 Back to Toptop

southsidelegal View Drop Down
Newbie
Newbie
Avatar

Joined: 27/March/2012
Location: Australia
Posts: 30
  Quote southsidelegal Quote  Post ReplyReply Direct Link To This Post Posted: 15/June/2012 at 15:09
It probably is defamatory, but the question is whether you have suffered any damage. Always hard to know if you applied for a job and didn't get it because of what has been said. If you genuinely think it is affecting your employability I'd get some legal advice. defamation claims are far from straight forward.


This is not legal advice just general comment

 

AussieLegal DIY Legal Kits and Paralegal Services

DIY Probate - $250 & full paralegal service - $600 - save up to 90% in legal fees

Letters of Administration - $1,250 - full paralegal service - save thousands in legal fees

Pre/Post Nuptial Agreements, fully certified & enforceable - $1,350

De Facto Agreements, fully certified & enforceable - $1,350

DIY Wills and Powers of Attorney from $29.95

Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

 Back to Toptop

Bation View Drop Down
Senior Member
Senior Member


Joined: 11/July/2011
Location: Australia
Posts: 317
  Quote Bation Quote  Post ReplyReply Direct Link To This Post Posted: 15/June/2012 at 16:13
Regardless of whether you have requested the ex-employer to act as an employment reference, it is an everyday practice for prospective employers to contact previous employers that are listed on your CV to confirm your employment history. Generally this includes a very telling, yet non-specific question - "if you were hiring in future, would you reemploy him/her?" - a "no" answer is enough for the prospective employer to read between the lines. Don't ever believe that the only referees a prospective employer or recruitment agency will contact are the ones you've put on your CV - we know that everybody puts "tame" referees on their CVs.

 

AussieLegal DIY Legal Kits and Paralegal Services

DIY Probate - $250 & full paralegal service - $600 - save up to 90% in legal fees

Letters of Administration - $1,250 - full paralegal service - save thousands in legal fees

Pre/Post Nuptial Agreements, fully certified & enforceable - $1,350

De Facto Agreements, fully certified & enforceable - $1,350

DIY Wills and Powers of Attorney from $29.95

Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

 Back to Toptop

FaithNoMore View Drop Down
Newbie
Newbie


Joined: 21/April/2012
Location: Australia
Posts: 29
  Quote FaithNoMore Quote  Post ReplyReply Direct Link To This Post Posted: 15/June/2012 at 16:56
Originally posted by Bation

Regardless of whether you have requested the ex-employer to act as an employment reference, it is an everyday practice for prospective employers to contact previous employers that are listed on your CV to confirm your employment history. Generally this includes a very telling, yet non-specific question - "if you were hiring in future, would you reemploy him/her?" - a "no" answer is enough for the prospective employer to read between the lines. Don't ever believe that the only referees a prospective employer or recruitment agency will contact are the ones you've put on your CV - we know that everybody puts "tame" referees on their CVs.


I've been a Recruitment Consultant in the past so am familiar with such practices; however, the comments from the previous employer were released in an unsolicited manner. I do not have this employer listed on my resume. I live in a small-ish town so news travels fast.. apart from the first-hand evidence there is also plenty of hearsay. I think I'm screwed in this town!

 

AussieLegal DIY Legal Kits and Paralegal Services

DIY Probate - $250 & full paralegal service - $600 - save up to 90% in legal fees

Letters of Administration - $1,250 - full paralegal service - save thousands in legal fees

Pre/Post Nuptial Agreements, fully certified & enforceable - $1,350

De Facto Agreements, fully certified & enforceable - $1,350

DIY Wills and Powers of Attorney from $29.95

Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

 Back to Toptop

StandTall View Drop Down
Senior Member
Senior Member
Avatar

Joined: 13/July/2011
Location: Australia
Posts: 794
  Quote StandTall Quote  Post ReplyReply Direct Link To This Post Posted: 15/June/2012 at 19:45
It is a common practice for insecure persons to 'bad mouth' someone. Just about everywhere i have worked i have seen this done to others.

We all mostly accept this, however i agree that if it has affected your income/work prospects, and it is provable, you must act and seek legal advice.

Why allow some bast--d get away with it!

However, if you can't prove that it has affected you as above, it will be a waste of time seeking legal recompence.
Always seek further advice

 

AussieLegal DIY Legal Kits and Paralegal Services

DIY Probate - $250 & full paralegal service - $600 - save up to 90% in legal fees

Letters of Administration - $1,250 - full paralegal service - save thousands in legal fees

Pre/Post Nuptial Agreements, fully certified & enforceable - $1,350

De Facto Agreements, fully certified & enforceable - $1,350

DIY Wills and Powers of Attorney from $29.95

Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

 Back to Toptop

FaithNoMore View Drop Down
Newbie
Newbie


Joined: 21/April/2012
Location: Australia
Posts: 29
  Quote FaithNoMore Quote  Post ReplyReply Direct Link To This Post Posted: 15/June/2012 at 19:52
it would be extremely difficult to prove as far as monetary loss.. looks like the 'ol fashioned country way with this one :)

 

AussieLegal DIY Legal Kits and Paralegal Services

DIY Probate - $250 & full paralegal service - $600 - save up to 90% in legal fees

Letters of Administration - $1,250 - full paralegal service - save thousands in legal fees

Pre/Post Nuptial Agreements, fully certified & enforceable - $1,350

De Facto Agreements, fully certified & enforceable - $1,350

DIY Wills and Powers of Attorney from $29.95

Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

 Back to Toptop

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

 
 
 site map Copyright © 2003-2011 AussieLegal Pty Ltd 
Innovation By Design - Enov.com.au