Workplace Defamation · Legal briefing
HR Complaints: Good Faith & Republication
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
A workplace complaint alleging harassment is disputed and appears connected to a promotion or dismissal conflict.
The legal position
Section 15(8) may protect a good-faith complaint to an authorised recipient or investigator, subject to section 16. That protection does not automatically extend to wider republication. Failure to substantiate a complaint alone does not establish falsity or malice. Examine its basis, purpose and audience rather than assume every unsuccessful complaint creates liability. Official source 1
Your next step
Preserve the complaint and supporting material and use the investigation process while respecting privacy. Assess good faith and excessive dissemination before counterclaims; do not obstruct the inquiry or retaliate.