Defamation alleged in relation to teacher performance report

IN BRIEF

A recent action in defamation commenced by a person engaged as a casual teacher for a period of 1 month at a country high school, has cast the spotlight on the need for employers generally, to ensure performance processes and assessments are handled with extreme caution.

In this instance, the teacher concerned has sued the State of NSW in a defamation action arising from him receiving a less than favourable ranking on his performance, based upon 1 month's casual teaching. The plaintiff's application to join as defendants, the person who completed the assessment form and the supervising teacher has now been successful.

The effect of the publication which was variously republished within the Department of Education, appears to have been, to damage the teacher's opportunities for receiving further teaching work within the Department.

Whilst the...