Published on:
15 Oct 2021
2
min read
Photo by Thought Catalog from Unsplash
On the perils of missing punctuation.
An ex-employee posted on Facebook, claiming that his ex-employer was "selling multi million $ (sic) homes in Pearl Beach but can’t pay his employees superannuation".¹
The ex-employer brought a claim for defamation.²
---
It seems that the ex-employee actually intended to type:
"employee's superannuation" in the singular - i.e. his own superannuation had not been paid;
and not:
"employees superannuation" in the plural - which may suggest a systematic pattern of failing to pay multiple employees' superannuation.
But the Court will allow the matter to proceed. If the ex-employee chooses to defend the claim, he will have to incur costs estimated at between $160,000 and $250,000, which far exceeds the potential award of damages.³
---
TAKEAWAYS:
(a) I often encounter folks who seem to think that they can post anything they wish online, with no consequences. Folks, you can be sued for defamation for what you say online. I know that in the heat of the moment, it's tempting to shoot off that Facebook post, Instagram story, or Tweet. But it could cost you.
(b) Folks then tell me "well, what I said was true, so surely I can't get into trouble for that!" Yes, broadly speaking, truth is a defence. But defendants will have to consider whether they are able to prove the truth of the precise words used, and not the truth of their intended meaning. As we have seen in this case, there is often a gap between the two.⁴
(c) Then there's the costs of litigation. The ex-employee may well succeed in defending himself. But he will have to incur significant costs to get there. Not everyone has the resources to litigate.⁵
(d) Punctuation matters.⁶
Disclaimer:
The content of this article is intended for informational and educational purposes only and does not constitute legal advice.
¹ Superannuation is the Australian equivalent of pension contributions / CPF.
² I make no comment on whether a claim for defamation has been made out under Australian laws.
³ https://www.theguardian.com/law/2021/oct/10/missing-apostrophe-in-facebook-post-lands-nsw-real-estate-agent-in-legal-hot-water
⁴ There are other challenges with the defence of justification, but let's talk about that another day.
⁵ Further, if this was in Singapore, a person who successfully defends themselves can generally expect to recover their legal costs, but there will be a shortfall between the costs awarded and the actual costs incurred.
⁶ In particular, the usage of the Oxford comma is a hill I'm willing to die on.
