Problem
Where an employer shares negative or critical information with a government department or other third party about an employee, the employee may attempt to bring a defamation action in relation to the disclosure of that information. In what circumstances will the employer be able to protect itself against such an action by asserting some type of privilege (absolute, qualified or conditional)? Are you satisfied with the current state of the law in this area or would you like to see more clarity, or more/less protection for employers?