Case Report – Employer liable to former employee in defamation

24 Jul

This is a quick summary of a July 20th British Columbia Court of Appeal defamation decision with illustrative value. The Court held an employer to be liable for nominal damages in defamation because a manager ticked an “inadequate performance” box on a human resources exit form without justification. The Court accepted that the act of completing and sending the form was subject to qualified privilege, but held that the employer exceeded its privilege because the manager e-mailed the form to a person who did not have a proven duty to receive it (as a member of human resources). It awarded the plaintiff $1,000.

Dawydiuk v. Insurance Corporation of British Columbia,2010 BCCA 353.

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: