What is Workplace Defamation in Ontario? Everything You Need to Know

Workplace defamation is a serious issue in Ontario that can have far-reaching consequences for individuals and organizations. Given the interconnected nature of modern workplaces and communication channels, even a single statement can spread quickly, causing irreparable damage to professional reputations.

Law book about workplace violence and harassment.

The impact of workplace defamation goes beyond just the individual targeted—it can disrupt workplace harmony, lead to costly legal battles, and tarnish the reputation of the entire organization.

Importance for Employers and Employees

Employers and employees alike must be vigilant about defamation. For employers, defamatory actions—whether intentional or unintentional—can result in vicarious liability, where the company is held responsible for defamatory statements made by their employees during the course of their duties. For employees, being aware of what constitutes defamation helps protect their own reputation and provides recourse if they become victims of libel or slander.

What is Workplace Defamation?

Defamation involves making false statements that harm someone’s reputation, leading to negative information or perceptions of that individual. Under Canadian law, defamation takes two primary forms: libel (written or published statements) and slander (spoken statements). In either case, these statements must be false, damaging, and communicated to at least one person other than the victim.

While freedom of speech is a valued right in Canada, defamation laws balance this freedom with the need to protect individuals from baseless attacks on their character in the workplace. For a statement to be defamatory, it must meet specific criteria, such as being false, harmful to the reputation, and identifiable as referring to a specific person.

Legal Threshold in Canada

In Canada, proving defamation requires meeting a stringent legal threshold. The plaintiff must demonstrate the following:

False Statement: The statement must be false and untrue; the truth is an absolute defense against defamation.
Identifiable Victim: The statement must specifically refer to the person making the claim.
Publication: The statement must be communicated to a third party, whether through direct speech, emails, social media, or other channels.

These elements are critical in establishing a successful defamation claim in Canada. The burden of proof lies with the plaintiff, and even if all elements are met, defendants have various defences such as truth, absolute privilege, and qualified privilege

How Does Defamation Occur in the Workplace?

Common Workplace Scenarios

Defamation in the workplace often arises from scenarios involving:

Negative performance evaluations;
Baseless accusations, and;
Malicious rumors.

These situations can lead to serious reputational harm, even if the statements are later proven to be false. For example, a manager’s unsubstantiated criticism of an employee’s work ethic or behavior, if shared with other colleagues, could qualify as defamatory if it damages the employee’s standing within the organization.

Defamation can also occur during disciplinary actions or terminations. If a company communicates false reasons for an employee’s dismissal, such as implying misconduct where none occurred, this can lead to legal action.

Social Media Communication and Defamation

The rise of social media has introduced new complexities in workplace defamation. Platforms like LinkedIn, Facebook, X (Formerly Twitter), Instagram, and even internal communication tools can quickly spread harmful statements to a wide audience. Posts, comments, or even private messages that malign a colleague’s character can easily be shared or screenshotted, leading to broader reputational damage.

What to Do if You’re a Victim of Workplace Defamation

If you believe you are a victim of workplace defamation in Canada, there are specific steps you can take to protect your rights. The legal process can be complex, so it’s crucial to approach it strategically. Here’s how you can begin:

Document the Defamatory Statements

The first step is to collect and preserve evidence. Whether the defamatory statement was made in writing (e.g., emails, social media posts) or verbally (e.g., during meetings), documentation is essential. If the statement was made verbally, try to get a written record of it from witnesses or a reliable source.

Assess the Impact

Understand and document the negative effects the statement has had on your professional and personal life. This could include evidence of lost job opportunities, diminished workplace standing, or mental distress.

Explore Remedies

Depending on the circumstances, you may be entitled to various remedies. These can include demanding a public retraction of the defamatory statement, issuing a cease-and-desist letter to prevent further harm, or seeking monetary damages through litigation.

Consult Employment Lawyers

Given the nuances in defamation law, it’s essential to seek advice and consultation from legal professionals who specialize in employment or defamation cases. Experienced defamation lawyers can help you understand the strength of your case and advise on whether to pursue retraction requests, issue cease-and-desist letters or initiate a lawsuit.

File a Defamation Claim

If the matter cannot be resolved amicably, you may choose to file a defamation claim. A successful claim must demonstrate that the statement was false, referred specifically to you, and was communicated to at least one third party, leading to reputational harm.

Employer Liability and Vicarious Liability

Employers can be held liable for defamatory actions taken by their employees if those actions occur within the course of their employment. Under the principle of vicarious liability, employers are responsible for the wrongful acts of their employees if those acts are related to their duties. For example, if a manager makes false and damaging statements about an employee to other team members or during reference checks, the employer can be held accountable.

Defenses Against Defamation Claims

Lawyer in suit holds the Defamation law book.

There are several defenses available to employers and employees facing defamation claims, which include:

Truth (Justification): The most straightforward defense is that the statement was true. Under Canadian law, if the defendant must prove that the defamatory statement is substantially true, they are protected from liability.
Qualified Privilege: This defense applies when the defendant has a legal, moral, or social duty to make the statement, and the recipient has a corresponding interest in receiving it. For instance, during reference checks, employers may make statements about a former employee’s performance if done in good faith and without malice.
Absolute Privilege: Statements made in specific contexts, such as during court proceedings or parliamentary debates, are protected under absolute privilege, even if they are false. In the workplace, absolute privilege is rarely applicable but can arise in certain regulated industries.

Preventing Defamation in the Workplace in Ontario

Preventing workplace defamation starts with establishing clear policies and offering appropriate training.

Key strategies include:

Clear Communication Policies: The boss should establish guidelines that define acceptable communication in both formal and informal settings. This includes rules on how performance feedback is delivered, appropriate channels for discussing employee behavior, and protocols for public announcements regarding terminations.
Conflict Resolution Training: Employees and managers should receive training on resolving conflicts in a manner that avoids harmful language and assumptions.
Controlled Messaging During Terminations: Employee departures are particularly sensitive situations where defamatory statements may arise. To avoid this, employers should control the narrative by having consistent messaging regarding the reasons for termination. Managers and HR professionals should be trained to stick to statement of fact and avoid speculative or exaggerated remarks.

Employer Best Practices

Consistent messaging and thorough documentation are essential in preventing workplace defamation:

Consistent Messaging: Employers should ensure that all communications related to employee performance or conduct are consistent across the board. Whether it’s internal discussions or official statements to external parties, consistency reduces the risk of contradictory or misleading information.
Proper Documentation: Employers should meticulously document performance reviews, disciplinary actions, and termination discussions. Detailed and accurate records not only protect the company in the event of a defamation claim but also support the truthfulness of any statements made.

When to Consider Legal Action

Legal action should be considered when the defamatory statements have caused significant harm to your reputation or career.

Some scenarios where pursuing litigation might be necessary include:

Significant Career Impact: If defamatory statements have led to job loss, hindered your employment prospects, or caused substantial reputational damage, legal intervention may be required to seek compensation.
Persistent Defamation: If the defamatory behavior continues despite attempts at resolution, escalating the issue legally can help stop further damage and hold the responsible parties accountable.
Complex Cases Involving Employer Liability: If your employer is involved—either through vicarious liability or by making defamatory statements themselves—a specialized employment lawyer can guide you through the intricacies of filing a claim against a corporation.

Conclusion

Workplace defamation can have severe consequences for both individuals and organizations. If you need help in real estate law Ontario, construction law services or civil law services, reach out to Cowan and Carter Law Firm. Our team of civil lawyers Ontario at our civil law firm in Toronto is ready to provide tailored advice and representation to protect your rights and professional reputation.

DISCLAIMER: Please note this article is not legal advice. You should always consult a lawyer for legal advice regarding your particular situation. The article is not necessarily a complete and/or accurate explanation of the law – it is an article of a general nature.

Published on August 20, 2024