Defamation

Crea

Hi see my last post for info why I deleted

Steve

Your thread title says defamation, the context is bullying. They are vastly different.

Bullying is a very grey area and is hard to defend - it depends a lot on context and specifics.

Defamation is somewhat easier, it must be false, published, and lower the standing of the offended in the eyes of their peers.

Steve

Oh, and I wouldn't put anything in writing without getting proper legal advice.

Crea

Steve wrote: »

Your thread title says defamation, the context is bullying. They are vastly different.

Bullying is a very grey area and is hard to defend - it depends a lot on context and specifics.

Defamation is somewhat easier, it must be false, published, and lower the standing of the offended in the eyes of their peers.

Thanks

Water John

You said it to the GL, in confidence. I presume the similarity would be as in a work situation and interacting with your line manager or HR on an issue.
I am not legal but it would seem to have an element of privilege.
You did not say it to his peers.

Crea

I absolutely didn't say it to anyone else. The GL was mediating in the issue so I spoke in confidence.

Steve

If you said it in private it is not defamation (best defense).
If it is true it is not defamation (harder to win).

Did you shout it from the rooftops in front of a crowd or just have a 'quiet word' or email with your GL?

Edit, you replied as I was pondering.. nothing to worry about (I am not a legal professional).

Crea

Quiet word. Nothing in writing. Nothing to anyone else.

Stheno

No defamation there.

Did the GL investigate or not?

Steve

Crea wrote: »

Quiet word. Nothing in writing. Nothing to anyone else.

Again, I'm not a legal professional, but, I'd not worry about it and call his bluff.

He has no case imho.

Eugene Norman

Definitely a complaint to a manager not otherwise publicised isn't defamation.

Threats of illegitimate legal action are bullying though.

Crea

Stheno wrote: »

No defamation there.

Did the GL investigate or not?

Investigation was done. He wasn't happy and kept complaining which is why I made the comment. Next time I'll keep my trap shut.

Steve

Eugene Norman wrote: »

Threats of illegitimate legal action are bullying though.

It's still grey but would add to the OP's case.
Without context, its not possible to say.

Crea

Thanks everyone for your advice. I won't be pursuing any bullying action from my side.
I have asked that the post be taken down in case the person in question sees it. I hope you don't mind.
It's up to the mods of course but if it disappears you'll know why.
Thanks again

Pro Hoc Vice

Steve wrote: »

If you said it in private it is not defamation (best defense).
If it is true it is not defamation (harder to win).

Did you shout it from the rooftops in front of a crowd or just have a 'quiet word' or email with your GL?

Edit, you replied as I was pondering.. nothing to worry about (I am not a legal professional).

Saying an untruth in confidence to a third party is publication it may be covered by the defence of qualified privilege but a private conversation is publication.

Steve

Pro Hoc Vice wrote: »

Saying an untruth in confidence to a third party is publication it may be covered by the defence of qualified privilege but a private conversation is publication.

Yes but it's thin and at the discretion of the court.

In reality, it must be deliberate, and proven so.

2009 act, 27.1 (c) allows the defense:

he or she did not know, and had no reason to believe, that what he or she did caused or contributed to the publication of a statement that would give rise to a cause of action in defamation.