Can a management who makes defamatory statements to an employee in a termination letter and copy that letter to other employees be protected by qualified privilege?
British Columbia, Canada
The following excerpt is from Litster v. British Columbia Ferry Corporation, 2003 BCSC 557 (CanLII):
Management and other employees who make defamatory statements to an employee in a termination letter and copy that letter to other employees in the course of effecting the employee’s ultimate dismissal can be protected by qualified privilege. See Peck v. Canada, [1964] Ex. C.R. 966 at 991.
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