Earlier this year, an employer who emailed warnings to clients
about a former employee was taken to the NSW District Court for
defamation. The case proved to be very costly for the employer and
highlighted the legalities around what an employer can say publicly
about the dismissal of an employee.
Exercise due diligence before making a public statement about
ex-employees
The case involved a young TAFE childcare student who was
dismissed from a childcare centre. After the employee had left his
position, his former employer sent an email to the parents of the
children he had cared for, explaining why the student was no longer
employed.
The problem with the email was in the wording. The childcare
centre told parents that the student was no longer at the centre
because of "disciplinary reasons" and for being
"untruthful" with the centre regarding his studies, along
with "some other issues".
