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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22314
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We have a ex employee who got fired and threating to beat up

Customer Question

we have a ex employee who got fired for theft and threating to beat up a fellow worker , for the last 2 years she has rubbished of bar and cafe to everyone and its affecting our cafe we reported her to the police 3 times now there is a file on her , we were advertising for jobs , someone took photos of the ad and put on facebook and now everyone is putting bad comments up because of it , we want to know if we have a good case for slander please help as the police said this is a court matter , we do have a paper trail on it , cheers David
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

The Harmful Digital Communications Act is likely to be the best remedy for you. There are communication principles which are worth noting in section 6 which say-

6Communication principles

(1)

The communication principles are—

Principle 1

A digital communication should not disclose sensitive personal facts about an individual.

Principle 2

A digital communication should not be threatening, intimidating, or menacing.

Principle 3

A digital communication should not be grossly offensive to a reasonable person in the position of the affected individual.

Principle 4

A digital communication should not be indecent or obscene.

Principle 5

A digital communication should not be used to harass an individual.

Principle 6

A digital communication should not make a false allegation.

Principle 7

A digital communication should not contain a matter that is published in breach of confidence.

Principle 8

A digital communication should not incite or encourage anyone to send a message to an individual for the purpose of causing harm to the individual.

Expert:  Chris The Lawyer replied 1 year ago.

The act is mostly about individuals but would apply to this person

Customer: replied 1 year ago.
whats the process to get this moving as its stressing us out because we cant get workers because of her comments we need this sorted and what would she be looking at if shes convicted
Expert:  Chris The Lawyer replied 1 year ago.

I am sorry I was interrupted when I was answering, and my response was not as complete as it should have been. You certainly can bring a claim for defamation as well, although this is generally quite an expensive form of litigation. However most start off by getting a lawyer to write to her requiring her to remove the comments and stop making the comments in future. If you have already done this, then you may want to instruct your lawyer to issue a claim in the District Court for defamation. There have been quite a few cases now of defamation through social media, and the courts have generally been sympathetic and awarded damages.

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