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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22306
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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A complaint has been raised to my manager from one of my

Customer Question

A complaint has been raised to my manager from one of my team of staff in email form. The complaint relays a range of information as 'facts' rather than 'opinions'. These 'facts' are highly derogatory 'my manager is out of his depth', 'my manager is happily breaching company policies regards ***** *****
As a result of this email, and ongoing/persistent verbal complaints to the management team about similar matters, an investigation has been launched into my behavior. The person raising the complaints has a personal connection to the manager responsible for the investigation.
I was provided a copy of the email last week. Almost all of the material in the email is incorrect (and in any event the email starts with the sentence 'I cant substantiate the following information, but it is based on my observations').
Is the email sent to my manager privileged? If not do I have any recourse?
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.
The email is not privileged and if it is untrue, then you could sue for defamation. This is an expensive form of litigation however. But you can also say to the manager that an email starting with that comment is clearly something which is of no value, and that it is malicious and untrue, and bullying. You could also ask the manager to have this looked at above his rank by the next level of management because there is conflict of interest.
Customer: replied 5 months ago.
Hi Chris: assuming that I were prepared to finance this as a defamation case (assuming around $100k), what are the odds that costs would be awarded?
Customer: replied 5 months ago.
Also. If my manager has relayed information to third parties (inside and/or outside the company) is he or the company also exposed to a defamation claim?
Expert:  Chris The Lawyer replied 5 months ago.

If you win you would get costs, which is the standard result, although costs are usually about 2/3 of the actual costs

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