Joined: 21/April/2012
Location: Australia
Posts: 29
QuoteReplyTopic: 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?
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.
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.
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!
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