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I selected E5 ... but I didn't hear "Sam the Sham and the Pharoahs"!


aus+uk / aus.legal / defamation

SubjectAuthor
* defamationMax
+* Re: defamationPete
|`* Re: defamationMax
| +* Re: defamationRod Speed
| |`* Re: defamationMax
| | `* Re: defamationRod Speed
| |  `* Re: defamationMax
| |   `* Re: defamationRod Speed
| |    `* Re: defamationMax
| |     `* Re: defamationRod Speed
| |      `* Re: defamationMax
| |       `* Re: defamationRod Speed
| |        +- Re: defamationPhil Allison
| |        `* Re: defamationMax
| |         `- Re: defamationRod Speed
| `* Re: defamationSylvia Else
|  +* Re: defamationPhil Allison
|  |`* Re: defamationSylvia Else
|  | +- Re: defamationPhil Allison
|  | `- Re: defamationRod Speed
|  +* Re: defamationRod Speed
|  |`* Re: defamationMax
|  | `* Re: defamationRod Speed
|  |  `* Re: defamationMax
|  |   `* Re: defamationRod Speed
|  |    `* Re: defamationMax
|  |     `* Re: defamationRod Speed
|  |      `* Re: defamationMax
|  |       `* Re: defamationRod Speed
|  |        `* Re: defamationMax
|  |         `* Re: defamationRod Speed
|  |          `* Re: defamationMax
|  |           `- Re: defamationRod Speed
|  `* Re: defamationMax
|   +- Re: defamationRod Speed
|   `- Re: defamationSylvia Else
`* Re: defamationRod Speed
 `* Re: defamationMax
  `- Re: defamationRod Speed

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defamation

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From: max...@val.morgan (Max)
Newsgroups: aus.legal
Subject: defamation
Date: Wed, 7 Sep 2022 15:01:13 +1000
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 by: Max - Wed, 7 Sep 2022 05:01 UTC

Could you get done for defamation if you spoke badly about a former
employer in a job interview?

Let's say the job interview was just a one on one interview over the
phone, and there was nothing in writing.

Re: defamation

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From: pjet...@yahoo.com (Pete)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Wed, 7 Sep 2022 16:09:40 +1000
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 by: Pete - Wed, 7 Sep 2022 06:09 UTC

Anything that you say to anyone that harms the reputation of an
identifiable third person could be defamation.

Re: defamation

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Wed, 07 Sep 2022 16:35:58 +1000
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 by: Rod Speed - Wed, 7 Sep 2022 06:35 UTC

Max <max@val.morgan> wrote

> Could you get done for defamation if you spoke badlyabout a former
> employer in a job interview?

Yes if you lie about the former employer.

> Let's say the job interview was just a one on one interview over the
> phone, and there was nothing in writing.

Irrelevant, you either defamed them or you didn't.

Re: defamation

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From: max...@val.morgan (Max)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Wed, 7 Sep 2022 17:10:52 +1000
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 by: Max - Wed, 7 Sep 2022 07:10 UTC

On 7/09/2022 4:09 pm, Pete wrote:
> Anything that you say to anyone that harms the reputation of an
> identifiable third person could be defamation.
>

If I think a former employer was incompetent or not good in some way,
surely I can provide an honest opinion of this in a job interview?

Re: defamation

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From: max...@val.morgan (Max)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Wed, 7 Sep 2022 17:12:48 +1000
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 by: Max - Wed, 7 Sep 2022 07:12 UTC

On 7/09/2022 4:35 pm, Rod Speed wrote:
> Max <max@val.morgan> wrote
>
>> Could you get done for defamation if you spoke badlyabout a former
>> employer in a job interview?
>
> Yes if you lie about the former employer.
>
>> Let's say the job interview was just a one on one interview over the
>> phone, and there was nothing in writing.
>
> Irrelevant, you either defamed them or you didn't.

Surely the reputation damage is minimal if it just one person that I
have said it to and it is not written down.

If it is a one on one conversation then whatever I said it is hearsay,
and I can deny saying it, since it would be my word against the word of
the person who interviewed me.

Re: defamation

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Wed, 07 Sep 2022 17:19:40 +1000
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 by: Rod Speed - Wed, 7 Sep 2022 07:19 UTC

Max <max@val.morgan> wrote
> Pete wrote

>> Anything that you say to anyone that harms the reputationof an
>> identifiable third person could be defamation.

> If I think a former employer was incompetent or not good in some way,
> surely I can provide an honest opinion of this in a job interview?

But it is defamation if that opinion is not substantiatable.

And may still be even if the opinion is valid.

Re: defamation

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Wed, 07 Sep 2022 17:26:11 +1000
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 by: Rod Speed - Wed, 7 Sep 2022 07:26 UTC

Max <max@val.morgan> wrote
> Rod Speed wrote
>> Max <max@val.morgan> wrote

>>> Could you get done for defamation if you spoke badlyabout a former
>>> employer in a job interview?

>> Yes if you lie about the former employer.

>>> Let's say the job interview was just a one on one interview over the
>>> phone, and there was nothing in writing.

>> Irrelevant, you either defamed them or you didn't.

> Surely the reputation damage is minimal

That is an entirely separate issue to whether
you have defamed your previous employer.

> if it just one person that I have said it to

But you have no control over what the person repeats you defamation to.

> and it is not written down.

Irrelevant.

> If it is a one on one conversation then whatever I said it is hearsay,

Wrong, as always and thats a separate matter to what is defamation anyway.

> and I can deny saying it, since it would be my wordagainst the word of
> the person who interviewed me.

And given that you are a known pathological liar
and have a vested interest in lying about what you
have said, you will still get fucked over regardless.

And even if you weren't a known pathological liar, a
civil matter is decided on the balance of probabilitys
and it is obvious that you have a reason to lie about
what you said and the interviewer has no reason to
lie about what you said, so you would lose, again.

Re: defamation

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From: max...@val.morgan (Max)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Thu, 8 Sep 2022 17:34:28 +1000
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 by: Max - Thu, 8 Sep 2022 07:34 UTC

On 7/09/2022 5:19 pm, Rod Speed wrote:
> Max <max@val.morgan> wrote
>> Pete wrote
>
>>> Anything that you say to anyone that harms the reputationof an
>>> identifiable third person could be defamation.
>
>> If I think a former employer was incompetent or not good in some way,
>> surely I can provide an honest opinion of this in a job interview?
>
> But it is defamation if that opinion is not substantiatable.
>
> And may still be even if the opinion is valid.

If that were the case, how would anyone give a bad reference about
someone who was their employee or colleague?

Re: defamation

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Thu, 08 Sep 2022 18:56:04 +1000
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 by: Rod Speed - Thu, 8 Sep 2022 08:56 UTC

Max <max@val.morgan> wrote
> Rod Speed wrote
>> Max <max@val.morgan> wrote
>>> Pete wrote

>>>> Anything that you say to anyone that harms the reputation
>>>> of an identifiable third person could be defamation.

>>> If I think a former employer was incompetent or not good in some way,
>>> surely I can provide an honest opinion of this in a job interview?

>> But it is defamation if that opinion is not substantiatable.

>> And may still be even if the opinion is valid.

> If that were the case, how would anyone give a bad referenceabout
> someone who was their employee or colleague?

I said MAY BE, not would be, fuckwit.

Truth isnt a complete defence against a defamation claim.

Re: defamation

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From: max...@val.morgan (Max)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Thu, 8 Sep 2022 20:55:38 +1000
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 by: Max - Thu, 8 Sep 2022 10:55 UTC

On 8/09/2022 6:56 pm, Rod Speed wrote:
> Max <max@val.morgan> wrote
>> Rod Speed wrote
>>> Max <max@val.morgan> wrote
>>>> Pete wrote
>
>>>>> Anything that you say to anyone that harms the reputation
>>>>> of an  identifiable third person could be defamation.
>
>>>> If I think a former employer was incompetent or not good in some
>>>> way, surely I can provide an honest opinion of this in a job interview?
>
>>>  But it is defamation if that opinion is not substantiatable.
>
>>>  And may still be even if the opinion is valid.
>
>> If that were the case, how would anyone give a bad referenceabout
>> someone who was their employee or colleague?
>
> I said MAY BE, not would be, fuckwit.
>
> Truth isnt a complete defence against a defamation claim.

"In Victoria, truth (technically, ‘justification’) has always been a
complete defence to a defamation action."

https://fls.org.au/law-handbook/rights-activism-and-fair-treatment-at-work/defamation-and-your-rights/defences-to-defamation/

Re: defamation

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Fri, 09 Sep 2022 04:52:11 +1000
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 by: Rod Speed - Thu, 8 Sep 2022 18:52 UTC

Max <max@val.morgan> wrote
> Rod Speed wrote
>> Max <max@val.morgan> wrote
>>> Rod Speed wrote
>>>> Max <max@val.morgan> wrote
>>>>> Pete wrote

>>>>>> Anything that you say to anyone that harms the reputation
>>>>>> of an identifiable third person could be defamation.

>>>>> If I think a former employer was incompetent or not good in some
>>>>> way, surely I can provide an honest opinion of this in a job
>>>>> interview?

>>>> But it is defamation if that opinion is not substantiatable.

>>>> And may still be even if the opinion is valid.

>>> If that were the case, how would anyone give a bad referenceabout
>>> someone who was their employee or colleague?

>> I said MAY BE, not would be, fuckwit.

>> Truth isnt a complete defence against a defamation claim.

> "In Victoria, truth (technically, ‘justification’) has always been a
> complete defence to a defamation action."

We aren't talking about Victoria, fuckwit child.

And even in Victoria, the defamer must PROVE that the
claim is the truth and you wouldn't be able to do that
with your pathetic excuse for a troll situation, fuckwit.

> https://fls.org.au/law-handbook/rights-activism-and-fair-treatment-at-work/defamation-and-your-rights/defences-to-defamation/

Re: defamation

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From: max...@val.morgan (Max)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Fri, 9 Sep 2022 10:34:59 +1000
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 by: Max - Fri, 9 Sep 2022 00:34 UTC

On 9/09/2022 4:52 am, Rod Speed wrote:
> Max <max@val.morgan> wrote
>> Rod Speed wrote
>>> Max <max@val.morgan> wrote
>>>> Rod Speed wrote
>>>>> Max <max@val.morgan> wrote
>>>>>> Pete wrote
>
>>>>>>> Anything that you say to anyone that harms the reputation
>>>>>>> of an identifiable third person could be defamation.
>
>>>>>> If I think a former employer was incompetent or not good in some
>>>>>> way, surely I can provide an honest opinion of this in a job
>>>>>> interview?
>
>>>>>  But it is defamation if that opinion is not substantiatable.
>
>>>>>  And may still be even if the opinion is valid.
>
>>>> If that were the case, how would anyone give a bad referenceabout
>>>> someone who was their employee or colleague?
>
>>>  I said MAY BE, not would be, fuckwit.
>
>>>  Truth isnt a complete defence against a defamation claim.
>
>> "In Victoria, truth (technically, ‘justification’) has always been a
>> complete defence to a defamation action."
>
> We aren't talking about Victoria, fuckwit child.
>

There are now 'uniform' defamation laws across the country, so Victoria
is the same as the rest of the country.

> And even in Victoria, the defamer must PROVE that the
> claim is the truth and you wouldn't be able to do that
> with your pathetic excuse for a troll situation, fuckwit.
>

How do you know? Maybe I could show that they know FA about their field
and have no qualifications in the area.

>> https://fls.org.au/law-handbook/rights-activism-and-fair-treatment-at-work/defamation-and-your-rights/defences-to-defamation/
>>

Re: defamation

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Fri, 09 Sep 2022 12:48:01 +1000
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 by: Rod Speed - Fri, 9 Sep 2022 02:48 UTC

Max <max@val.morgan> wrote
> Rod Speed wrote
>> Max <max@val.morgan> wrote
>>> Rod Speed wrote
>>>> Max <max@val.morgan> wrote
>>>>> Rod Speed wrote
>>>>>> Max <max@val.morgan> wrote
>>>>>>> Pete wrote

>>>>>>>> Anything that you say to anyone that harms the reputation
>>>>>>>> of an identifiable third person could be defamation.

>>>>>>> If I think a former employer was incompetent or not good in some
>>>>>>> way, surely I can provide an honest opinion of this in a job
>>>>>>> interview?

>>>>>> But it is defamation if that opinion is not substantiatable.

>>>>>> And may still be even if the opinion is valid.

>>>>> If that were the case, how would anyone give a bad reference
>>>>> about someone who was their employee or colleague?

>>>> I said MAY BE, not would be, fuckwit.

>>>> Truth isnt a complete defence against a defamation claim.

>>> "In Victoria, truth (technically, ‘justification’) has always been a
>>> complete defence to a defamation action."

>> We aren't talking about Victoria, fuckwit child.
>>

> There are now 'uniform' defamation laws across the country,

Wrong, as always.

> so Victoria is the same as the rest of the country.

Wrong, as always.

>> And even in Victoria, the defamer must PROVE that the
>> claim is the truth and you wouldn't be able to do that
>> with your pathetic excuse for a troll situation, fuckwit.

> How do you know?

That shit you cited says that, fuckwit.

> Maybe I could show that they know FA about their field

No chance.

> and have no qualifications in the area.

Don't need any, fuckwit.

>>> https://fls.org.au/law-handbook/rights-activism-and-fair-treatment-at-work/defamation-and-your-rights/defences-to-defamation/

Re: defamation

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From: syl...@email.invalid (Sylvia Else)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Fri, 9 Sep 2022 12:53:34 +1000
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 by: Sylvia Else - Fri, 9 Sep 2022 02:53 UTC

On 07-Sept-22 5:10 pm, Max wrote:
> On 7/09/2022 4:09 pm, Pete wrote:
>> Anything that you say to anyone that harms the reputation of an
>> identifiable third person could be defamation.
>>
>
> If I think a former employer was incompetent or not good in some way,
> surely I can provide an honest opinion of this in a job interview?

Even opinions have to have some proper basis if they're not to create a
liability for defamation.

On a wider note, slagging off a former employer is rarely, if ever,
going to be a good look during a job interview, no matter how justified.

After all, a prospective employer might reasonably wonder what you'll be
saying about them at some future time.

Sylvia.

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Subject: Re: defamation
From: palliso...@gmail.com (Phil Allison)
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 by: Phil Allison - Fri, 9 Sep 2022 03:50 UTC

Sylvia Else wrote:
==============
>
> > If I think a former employer was incompetent or not good in some way,
> > surely I can provide an honest opinion of this in a job interview?
>
> Even opinions have to have some proper basis if they're not to create a
> liability for defamation.
>
> On a wider note, slagging off a former employer is rarely, if ever,
> going to be a good look during a job interview, no matter how justified.
>

** But what if you were sacked by or resigned because of a terrible boss and or workplace culture ?
Since that is the reason you are looking for a new job - it will come up.

Some employers still seek a reference from one's previous boss.
Now there is an opportunity for some really damaging defamation.

....... Phil

Re: defamation

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 by: Sylvia Else - Fri, 9 Sep 2022 04:10 UTC

On 09-Sept-22 1:50 pm, Phil Allison wrote:
> Sylvia Else wrote:
> ==============
> >
>>> If I think a former employer was incompetent or not good in some way,
>>> surely I can provide an honest opinion of this in a job interview?
>>
>> Even opinions have to have some proper basis if they're not to create a
>> liability for defamation.
>>
>> On a wider note, slagging off a former employer is rarely, if ever,
>> going to be a good look during a job interview, no matter how justified.
>>
>
> ** But what if you were sacked by or resigned because of a terrible boss and or workplace culture ?
> Since that is the reason you are looking for a new job - it will come up.
>
> Some employers still seek a reference from one's previous boss.
> Now there is an opportunity for some really damaging defamation.
>
>
> ...... Phil

One is looking for more interesting work, better prospects, higher salary.

Doesn't have to be true.

Yes, former employers can defame a person in a reference. No doubt some
have been sued over it too.

Sylvia.

Re: defamation

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Fri, 09 Sep 2022 14:33:48 +1000
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 by: Rod Speed - Fri, 9 Sep 2022 04:33 UTC

Sylvia Else <sylvia@email.invalid> wrote
> Max wrote
>> Pete wrote

>>> Anything that you say to anyone that harms the reputation of an
>>> identifiable third person could be defamation.

>> If I think a former employer was incompetent or not good in some way,
>> surely I can provide an honest opinion of this in a job interview?

> Even opinions have to have some proper basis if they're not to create a
> liability for defamation.

> On a wider note, slagging off a former employer is rarely, if ever,
> going to be a good look during a job interview, no matter how justified.

That's overstated if you need to provide a reason why
you left or why they may give you are bad reference.

> After all, a prospective employer might reasonably wonderwhat you'll be
> saying about them at some future time.

True, but it is more complicated than that.

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Subject: Re: defamation
From: palliso...@gmail.com (Phil Allison)
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 by: Phil Allison - Fri, 9 Sep 2022 04:36 UTC

Sylvia Else wrote:
==============
>>
> >> On a wider note, slagging off a former employer is rarely, if ever,
> >> going to be a good look during a job interview, no matter how justified.
> >>
> >
> > ** But what if you were sacked by or resigned because of a terrible boss and or workplace culture ?
> > Since that is the reason you are looking for a new job - it will come up.
> >
> > Some employers still seek a reference from one's previous boss.
> > Now there is an opportunity for some really damaging defamation.
> >
>
> One is looking for more interesting work, better prospects, higher salary.
> Doesn't have to be true.

** Ignores my question.

You may well have to explain to the interviewer why you were sacked or resigned - since you are currently unemployed.
The interview does not know you nor the previous employer so will judge the story using their prejudices.
Particularly, that bosses are always right and disgruntled ex staffers are liars.

...... Phil

Re: defamation

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Newsgroups: aus.legal
Subject: Re: defamation
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 by: Rod Speed - Fri, 9 Sep 2022 04:36 UTC

On Fri, 09 Sep 2022 14:10:14 +1000, Sylvia Else <sylvia@email.invalid>
wrote:

> On 09-Sept-22 1:50 pm, Phil Allison wrote:
>> Sylvia Else wrote:
>> ==============
>> >
>>>> If I think a former employer was incompetent or not good in some way,
>>>> surely I can provide an honest opinion of this in a job interview?
>>>
>>> Even opinions have to have some proper basis if they're not to create a
>>> liability for defamation.
>>>
>>> On a wider note, slagging off a former employer is rarely, if ever,
>>> going to be a good look during a job interview, no matter how
>>> justified.
>>>
>> ** But what if you were sacked by or resigned because of a terrible
>> boss and or workplace culture ?
>> Since that is the reason you are looking for a new job - it will
>> come up.
>> Some employers still seek a reference from one's previous boss.
>> Now there is an opportunity for some really damaging defamation.
>> ...... Phil
>
> One is looking for more interesting work, better prospects, higher
> salary.

But that won't convince anyone if you were in fact sacked.

> Doesn't have to be true.

> Yes, former employers can defame a person in a reference. No doubt some
> have been sued over it too.

Re: defamation

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Newsgroups: aus.legal
Subject: Re: defamation
Date: Fri, 9 Sep 2022 15:53:01 +1000
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 by: Max - Fri, 9 Sep 2022 05:53 UTC

On 9/09/2022 12:53 pm, Sylvia Else wrote:
> On 07-Sept-22 5:10 pm, Max wrote:
>> On 7/09/2022 4:09 pm, Pete wrote:
>>> Anything that you say to anyone that harms the reputation of an
>>> identifiable third person could be defamation.
>>>
>>
>> If I think a former employer was incompetent or not good in some way,
>> surely I can provide an honest opinion of this in a job interview?
>
> Even opinions have to have some proper basis if they're not to create a
> liability for defamation.
>
> On a wider note, slagging off a former employer is rarely, if ever,
> going to be a good look during a job interview, no matter how justified.
>

I think there has to be a reason why you left the job.

If you were fired, then it may seem like sour grapes to slag off the
employer, and then it wouldn't be a good look to do that.

But if you resigned, as I did, then I thought it was OK to give fair
criticism of the employer.

In the interview in question, which happened 5-10 years ago, I
criticised the former employer, but then I got the job in question, so
it didn't work out too badly for me.

> After all, a prospective employer might reasonably wonder what you'll be
> saying about them at some future time.
>
> Sylvia.

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Newsgroups: aus.legal
Subject: Re: defamation
Date: Fri, 9 Sep 2022 15:58:26 +1000
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 by: Max - Fri, 9 Sep 2022 05:58 UTC

On 9/09/2022 12:48 pm, Rod Speed wrote:
> Max <max@val.morgan> wrote
>> Rod Speed wrote
>>> Max <max@val.morgan> wrote
>>>> Rod Speed wrote
>>>>> Max <max@val.morgan> wrote
>>>>>> Rod Speed wrote
>>>>>>> Max <max@val.morgan> wrote
>>>>>>>> Pete wrote
>
>>>>>>>>> Anything that you say to anyone that harms the reputation
>>>>>>>>> of an identifiable third person could be defamation.
>
>>>>>>>> If I think a former employer was incompetent or not good in some
>>>>>>>> way, surely I can provide an honest opinion of this in a job
>>>>>>>> interview?
>
>>>>>>>  But it is defamation if that opinion is not substantiatable.
>
>>>>>>>  And may still be even if the opinion is valid.
>
>>>>>> If that were the case, how would anyone give a bad reference
>>>>>> about  someone who was their employee or colleague?
>
>>>>>  I said MAY BE, not would be, fuckwit.
>
>>>>>  Truth isnt a complete defence against a defamation claim.
>
>>>> "In Victoria, truth (technically, ‘justification’) has always been a
>>>> complete defence to a defamation action."
>
>>>  We aren't talking about Victoria, fuckwit child.
>>>
>
>> There are now 'uniform' defamation laws across the country,
>
> Wrong, as always.
>

From that page above:

"Uniform defamation law now applies in Australia."

>> so Victoria  is the same as the rest of the country.
>
> Wrong, as always.
>

See above.

>>> And even in Victoria, the defamer must PROVE that the
>>> claim is the truth and you wouldn't be able to do that
>>> with your pathetic excuse for a troll situation, fuckwit.
>
>> How do you know?
>
> That shit you cited says that, fuckwit.
>

How do you know I wouldn't be able to prove that the negative claims
about the employer.

>> Maybe I could show that they know FA about their field
>
> No chance.
>

Not hard given the company went into administration twice and then
finally liquidation.

>> and have no qualifications in the area.
>
> Don't need any, fuckwit.
>

Qualifications may not have been legally required in the field, but I
can say thay are needed, since the vast majority of companies and
government organisations require such qualifications.

>>>> https://fls.org.au/law-handbook/rights-activism-and-fair-treatment-at-work/defamation-and-your-rights/defences-to-defamation/
>>>>

Re: defamation

<tfelvb$tra$1@gioia.aioe.org>

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From: max...@val.morgan (Max)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Fri, 9 Sep 2022 16:20:24 +1000
Organization: Aioe.org NNTP Server
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 by: Max - Fri, 9 Sep 2022 06:20 UTC

On 9/09/2022 2:33 pm, Rod Speed wrote:
> Sylvia Else <sylvia@email.invalid> wrote
>> Max wrote
>>> Pete wrote
>
>>>> Anything that you say to anyone that harms the reputation of an
>>>> identifiable third person could be defamation.
>
>>>  If I think a former employer was incompetent or not good in some
>>> way, surely I can provide an honest opinion of this in a job interview?
>
>> Even opinions have to have some proper basis if they're not to create
>> a liability for defamation.
>
>> On a wider note, slagging off a former employer is rarely, if ever,
>> going to be a good look during a job interview, no matter how justified.
>
> That's overstated if you need to provide a reason why
> you left or why they may give you are bad reference.
>

In my case I was being critical of an employer that was 10 year prior,
and I was never going to use them as a referee, since I could use employers.

I was just being honest about what I thought of that employer, because
they were totally incompetent and one of their main clients, who I had
to deal with, were highly critical of them to me.

>> After all, a prospective employer might reasonably wonderwhat you'll
>> be  saying about them at some future time.
>
> True, but it is more complicated than that.

Re: defamation

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Fri, 09 Sep 2022 16:28:10 +1000
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 by: Rod Speed - Fri, 9 Sep 2022 06:28 UTC

Max <max@val.morgan> wrote
> Sylvia Else wrote
>> Max wrote
>>> Pete wrote

>>>> Anything that you say to anyone that harms the reputationof an
>>>> identifiable third person could be defamation.

>>> If I think a former employer was incompetent or not good in some way,
>>> surely I can provide an honest opinion of this in a job interview?

>> Even opinions have to have some proper basis if they're not to create a
>> liability for defamation.

>> On a wider note, slagging off a former employer is rarely, if ever,
>> going to be a good look during a job interview, no matter how justified.

> I think

Obvious lie...

> there has to be a reason why you left the job.

Depends on how desperate they are to fill the job...

> If you were fired, then it may seem like sour grapes to slag offthe
> employer, and then it wouldn't be a good look to do that.

> But if you resigned, as I did, then I thought itwas OK to give fair
> criticism of the employer.

And if you can't substantiate the claim, you can get done for defamation.

> In the interview in question, which happened 5-10 years ago,

SURE it did, Pinocchio.

> I criticised the former employer, but then I got the jobin question,
> so it didn't work out too badly for me.

SURE you did, Pinocchio.

>> After all, a prospective employer might reasonably wonder what you'll
>> be saying about them at some future time.

Re: defamation

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Fri, 09 Sep 2022 16:38:14 +1000
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 by: Rod Speed - Fri, 9 Sep 2022 06:38 UTC

Max <max@val.morgan> wrote
> Rod Speed wrote
>> Max <max@val.morgan> wrote
>>> Rod Speed wrote
>>>> Max <max@val.morgan> wrote
>>>>> Rod Speed wrote
>>>>>> Max <max@val.morgan> wrote
>>>>>>> Rod Speed wrote
>>>>>>>> Max <max@val.morgan> wrote
>>>>>>>>> Pete wrote

>>>>>>>>>> Anything that you say to anyone that harms the reputation
>>>>>>>>>> of an identifiable third person could be defamation.

>>>>>>>>> If I think a former employer was incompetent or not good in some
>>>>>>>>> way, surely I can provide an honest opinion of this in a job
>>>>>>>>> interview?

>>>>>>>> But it is defamation if that opinion is not substantiatable.

>>>>>>>> And may still be even if the opinion is valid.

>>>>>>> If that were the case, how would anyone give a bad reference
>>>>>>> about someone who was their employee or colleague?

>>>>>> I said MAY BE, not would be, fuckwit.

>>>>>> Truth isnt a complete defence against a defamation claim.

>>>>> "In Victoria, truth (technically, ‘justification’) has always been a
>>>>> complete defence to a defamation action."

>>>> We aren't talking about Victoria, fuckwit child.

>>> There are now 'uniform' defamation laws across the country,

>> Wrong, as always.

> From that page above:

> "Uniform defamation law now applies in Australia."

Just because some fuckwit legal parasite claims something...

>>> so Victoria is the same as the rest of the country.

>> Wrong, as always.

> See above.

Just because some fuckwit legal parasite claims something...

>>>> And even in Victoria, the defamer must PROVE that the
>>>> claim is the truth and you wouldn't be able to do that
>>>> with your pathetic excuse for a troll situation, fuckwit.

>>> How do you know?

>> That shit you cited says that, fuckwit.

> How do you know I wouldn't be able to provethat the negative claims
> about the employer.

It is never possible to prove that, fuckwit.

>>> Maybe I could show that they know FA about their field

>> No chance.

> Not hard given the company went into administration twice and then
> finally liquidation.

SURE it did, Pinocchio.

>>> and have no qualifications in the area.

>> Don't need any, fuckwit.

> Qualifications may not have been legally required in the field,

Corse they werent with the EMPLOYER, fuckwit.

> but I can say thay are needed, since the vast majority of companies and
> government organisations require such qualifications.

Not of the EMPLOYER, you pathetic excuse for a lying bullshit artist.

>>>>> https://fls.org.au/law-handbook/rights-activism-and-fair-treatment-at-work/defamation-and-your-rights/defences-to-defamation/

Re: defamation

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: defamation
Date: Fri, 09 Sep 2022 16:41:30 +1000
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 by: Rod Speed - Fri, 9 Sep 2022 06:41 UTC

Max <max@val.morgan> wrote
> Rod Speed wrote
>> Sylvia Else <sylvia@email.invalid> wrote
>>> Max wrote
>>>> Pete wrote

>>>>> Anything that you say to anyone that harms the reputation of an
>>>>> identifiable third person could be defamation.

>>>> If I think a former employer was incompetent or not good in some
>>>> way, surely I can provide an honest opinion of this in a job
>>>> interview?

>>> Even opinions have to have some proper basis if they're not to create
>>> a liability for defamation.

>>> On a wider note, slagging off a former employer is rarely, if ever,
>>> going to be a good look during a job interview, no matter how
>>> justified.

>> That's overstated if you need to provide a reason why
>> you left or why they may give you are bad reference.

> In my case I was being critical of an employer that was 10 year prior,
> and I was never going to use them as a referee, since I could use
> employers.

Irrelevant to whether the interviewer could check with
that previous employer, if it actually existed, Pinocchio.

> I was just being honest about what I thought of that employer, because
> they were totally incompetent and one of their main clients, who I had
> to deal with, were highly critical of them to me.

SURE they were, Pinocchio.

>>> After all, a prospective employer might reasonably wonderwhat you'll
>>> be saying about them at some future time.

>> True, but it is more complicated than that.


aus+uk / aus.legal / defamation

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