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Poison Pen - Expensive
Poison Pen - Expensive

 

A former employee was ordered to pay $1.65m in damages for sending defamatory emails about a company and its directors.


The law of defamation has changed, so that companies are now unable to sue, but individuals can.  Therefore, the principles established in this New South Wales Supreme Court case do continue to have relevance.

In SMEC Holding v Boniface, a former employee was found to have sent false emails and allegations of criminal activity - bribery, corruption and covering up illegal project payments about the company to its customers. 

The court concluded that these emails had been motivated by dismissal of the former employee, who had been found with pornography on his work computer, or of his fathers failure to be re-elected a director.

The various defences failed and the court considered that the poison pen anonymous nature of the emails would cause injury despite the extreme nature of the statements and despite the likelihood that no-one would have placed trust or faith in them.

His action in seeking revenge (the Court's conclusion) cost him a total of $1.65m. - WOW!!!

 

 

 

 

 

 

 

 



16th-April-2008