Specialist Workplace & Professional Defamation Lawyers in Sydney & Nationwide
False Statements in the Workplace Can End Careers and Destroy Livelihoods
Trusted & Recommended by Clients. LED by Accredited Specialists
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The O'Brien Advantage
We Understand Qualified Privilege
Qualified privilege is the most commonly raised defence in workplace defamation matters. Many employers and colleagues assume their internal communications are protected. They are not. Where a statement is made with malice, the privilege may be defeated. We assess this analysis carefully and advise on the strength of your case against the defence.
Acting on Both Sides
We act for both plaintiffs and defendants in workplace defamation matters. We represent professionals who have been defamed by colleagues or employers, and we also advise employers and managers who have been threatened with defamation claims arising from internal communications. Both sides benefit from the same depth of expertise.
Discretion and Confidentiality
Workplace defamation matters are inherently sensitive. The professional relationships involved, the ongoing employment considerations, and the potential flow-on effects on career and reputation require careful, confidential handling. We provide advice that is discreet, practical, and attuned to the full professional context.
Clear Advice on Prospects
Not every unfair statement at work is a defamation claim worth pursuing. We assess your matter honestly: whether the statement is defamatory, whether it caused serious harm, whether a qualified privilege defence applies and whether it can be defeated, and what the realistic cost-benefit of proceeding looks like.
TYPES OF WORKPLACE & PROFESSIONAL DEFAMATION WE HANDLE
False Employment References
A false or misleading employment reference, whether oral or written, that causes a person to lose a job opportunity, a promotion, or a professional standing may be defamatory. References may be subject to qualified privilege, but that privilege can be defeated where the referee acted with malice or went beyond what was reasonably necessary. We advise on whether a reference crosses that line.
Performance Reviews and Internal Reports
A performance review or internal investigation report that contains false factual statements about an employee’s conduct, competence, or character can form the basis of a defamation claim. The internal nature of the communication does not necessarily protect it. If the false statement is circulated to managers, HR personnel, or other staff, it may satisfy the publication element of a defamation claim.
Complaints to Employers and HR
False complaints made to an employer or HR department about a colleague’s conduct, particularly complaints that are fabricated or exaggerated as part of a workplace dispute, may give rise to a defamation claim where they are made with malice. Making a complaint through official channels does not guarantee protection.
Statements to Professional or Licensing Bodies
False complaints or statements made to a professional licensing body, a medical board, a legal professional body, a trade licensing authority, can seriously affect a professional’s ability to practise. These statements may attract qualified privilege, but the privilege can be defeated if the communication was made maliciously or in bad faith.
Emails, Messages, and Internal Communications
Defamatory statements do not need to be published publicly to be actionable. A defamatory email sent to another person within an organisation may satisfy the publication requirement. We act in matters where defamatory statements have been made in internal emails, messaging platforms, internal reports, and meeting minutes.
Our Defamation Team - Led By Stewart O'Connell
Led by One of Sydney’s Most Experienced Defamation Solicitors
Our defamation practice is led by Stewart O’Connell. Stewart has experience in defamation matters involving individuals and organisations across online and offline publications. He has represented hundreds of people in defamation claims, and was responsible for the highest defamation award in the Northern Territory. He also led a High Court case that changed defamation law by making media companies responsible for comments others made on their social media accounts.
Stewart has represented clients in defamation matters against well-known media and press organisations, including The Sydney Morning Herald, The Daily Telegraph, The Daily Mail, 7News, and The Financial Review, plus many more.
No matter the platform or the scale of the harm, we bring the same standard of preparation and advocacy to every matter.
O’Brien Criminal & Civil Solicitors is led by Law Society Accredited Specialists in Criminal and Civil Law, practitioners assessed and verified for expertise in their fields.
The Workplace Defamation Claim Process
1. Free Case Assessment
Contact us for a free, no-obligation review of the review or reviews you believe are defamatory. We assess the imputations, the likely serious harm threshold, whether the reviewer is identifiable, and what legal pathways are available. We will explain your options at the first call.
2. Evidence Gathering and Legal Analysis
We identify and preserve the relevant evidence: the statement itself, the channels through which it was communicated, any record of the impact on your professional standing, and any information about the motives of the person who made it. Malice, where relevant, is built from this evidentiary record.
3. Concerns Notice or Pre-Litigation Strategy
Where the legal analysis supports proceeding, we draft and serve a concerns notice. We advise on the strategic approach: whether to pursue resolution quietly or to put the matter on a formal legal footing immediately.
4. Litigation or Resolution
We aim to resolve most matters through negotiation: a retraction, a correction, an apology, or compensation. Where resolution is not achievable, we litigate and represent you through to a final hearing.
Remember: Defamation claims are legally complex and time-sensitive. Seeking expert advice as soon as possible gives you the best chance of securing justice and protecting your reputation.
WHAT TO DO IF YOU'VE BEEN DEFAMED IN THE WORKPLACE
Five Steps to Take After Professional Defamation
- Document the Statement and Its Context
- Record exactly what was said, written, or communicated, by whom, to whom, and when. Include the channel (email, verbal, written report, meeting) and any witnesses. If the statement was in writing, preserve a copy.
- Record the Impact Immediately
- If you became aware of the statement because of a specific consequence, a rejected job application, a revoked promotion, a call from a client, document that connection immediately. The link between the statement and the harm is relevant to both the serious harm threshold and any damages assessment.
- 3. Do Not Respond Informally
- Avoid raising the matter in a workplace conversation, through HR, or in a written internal response before speaking to a lawyer. Your response can affect your legal position and can inadvertently provide the defendant with defences.
- Preserve All Relevant Communications
- Keep copies of all emails, messages, and documents that relate to the statement, the person who made it, and the circumstances surrounding it. Do not delete any communications, even if they appear unhelpful.
- Consider the Employment Relationship Implications
- Workplace defamation matters often exist alongside other employment law issues: unfair dismissal, adverse action, workplace bullying, or discrimination claims. We advise on defamation only, but you should be aware of those parallel avenues and seek appropriate employment law advice in addition to defamation advice.
- Contact a Defamation Lawyer as Soon as Possible
- The limitation period for defamation claims in NSW is generally one year from the date of publication. Early advice also allows you to assess your options promptly. The professional situation can change quickly, so it is best to act early.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
Workplace & Professional Defamation: Frequently Asked Questions
Employment and workplace settings do not create a general exemption from defamation law. A false statement made by an employer, manager, colleague, or former employer, and communicated to a third party, may give rise to a defamation claim if serious harm is shown. Qualified privilege is often an important issue in workplace defamation matters, a defence available in many workplace communication contexts but not absolute. Where the statement was made with malice, the privilege may be defeated. Our lawyers assess this as an early step in any workplace defamation matter.
Qualified privilege is a defence under the Defamation Act 2005 (NSW) that protects statements made in circumstances where the publisher has a legal, social, or moral duty to make the statement and the recipient has a corresponding interest in receiving it. Some internal workplace communications, including performance reviews, references, and internal complaints, may attract qualified privilege. However, the privilege may be defeated where the plaintiff proves that the defendant acted with malice. Establishing malice is factually intensive but achievable in the right circumstances.
A performance review that contains false statements of fact about an employee's conduct, honesty, competence, or character — as distinct from genuine assessments of performance, which are opinion — may be defamatory. The key question is whether the statements in the review are false facts or genuine assessments. A review that falsely accuses an employee of theft, dishonesty, harassment, or other specific misconduct goes beyond performance assessment and may give rise to a claim. Qualified privilege may apply in performance review contexts, but can be defeated by malice.
Yes. Oral statements can constitute defamation. A false statement made verbally in a reference call — for example, falsely stating that a person was dismissed for dishonesty — may amount to publication for defamation purposes. Evidence in these matters can be more difficult to gather than in written communications, but it is not beyond reach.
Defamation claims in NSW are generally subject to a one-year limitation period from publication under the Limitation Act 1969 (NSW). Courts have a discretion to extend this period in certain circumstances, but extensions are not automatic. If a defamatory statement is repeated, each publication may have its own limitation period. Contact us as soon as you become aware of a statement that may be defamatory.
If your defamation claim succeeds, the court can award general damages for reputational harm and hurt feelings. Where you have suffered demonstrable financial loss, for example, a proven lost job offer, a lost professional contract, or damage to earning capacity, you may also be entitled to special damages. In some cases, an injunction preventing further publication may also be sought. In some matters, a negotiated outcome includes a formal retraction or correction published through the same channels as the original statement. The appropriate remedy depends on the facts and circumstances of your case.
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