Hi there. The issue you describe may involve an instance of defamation. The law gives a person whose reputation has been wrongfully attacked the right to take legal action against those responsible for the attack. To make a claim for defamation, you need to satisfy three things:

1. The defamatory material must be published. This includes print, online (including mass emails) and broadcasts.
2. The material must identify the person who has been allegedly defamed. It is not necessary for the person to be directly identified. Defamation may still exist if a reasonable person reading the publication understands it as referring to the relevant person.
3. The material must be ‘defamatory’ in nature. This means it must convey meaning about a person that lowers their reputation in the eyes of reasonable members of the community, or causes the person to be ridiculed, avoided or despised by members of the public.

You will have a claim for defamation if you can prove each of these three things. You should also be aware that the person who made the defamatory comments may not be liable for defamation if they have a recognised defence (e.g. the defamatory material is true or is a fair comment on a matter of public interest).

Suggested way forward

If you believe you have been defamed by a former employer or colleague, you should consider speaking to any generalist lawyer who can advise you of the prospects of your legal claim. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.