Defamation Solicitors Dublin

Defamation and reputation in the workplace

Crushell & Co advises employers and employees on workplace defamation and reputation management. This includes assessing a statement, considering alternatives to litigation, bringing or defending a claim and exploring a negotiated resolution.

Assessing a statement

Not every upsetting or critical statement gives rise to a defamation claim. The assessment considers the words or other material, their meaning in context, who they concerned and whether they were communicated to someone else. An employee’s disagreement with criticism is not, by itself, enough to establish a claim.

Statements may arise in conversations, references, emails, reports or online communications. The full context matters: a short extract may give a different impression from the complete exchange. We review the available material before advising on the potential legal issue.

Publication, meaning and identification

We assess three central questions: whether the statement was published to another person, whether it bore a defamatory meaning and whether the person concerned was identifiable. We help clients organise the evidence needed to assess those questions, including the audience, timing and surrounding circumstances.

Where an implied meaning is alleged, the context and facts known to the audience can be relevant. We will explain how these issues affect the strength and practicality of pursuing or responding to a claim.

Responding to a claim

For a person or employer receiving a complaint, we review the statement, the circumstances of publication and potential defences. These may include truth or privilege where the legal requirements are met. A workplace setting does not automatically make every statement privileged.

Irish defamation law includes the Defamation Act 2009 and subsequent amendments. Advice must take account of the provisions applicable to the statement and proceedings concerned.

Resolution and litigation

A client’s immediate objective may be to prevent further circulation, correct a statement or address damage to their reputation. We can discuss correspondence, a correction or apology, settlement and court proceedings where appropriate. The likely benefit, evidence, cost and risk of each option should be considered together.

We advise on both bringing and defending proceedings, and on potential remedies. No particular outcome or compensation can be assumed from the existence of a damaging statement alone.

Preparing for advice

• Keep the complete statement or communication, including its context.
• Record when and where it appeared and who received it.
• Retain relevant correspondence and any response already made.
• Explain the impact and what you would like to achieve.

Read our defamation guide or book a consultation to discuss your position.