Summary : Former school
Principal of Sydney’s Kambala Girls’ School, Debra Kelliher confirmed to have
her former employer and another 2 teachers to be sued for circulating series of
emails containing defamed statements. The misconduct of the act was executed by
head of music teacher Mark Grandison and Head of Social Science Department, June
Peake. Case was brought to NSW Supreme Court and agreed to settle the issue out
of the courts attention to avoid damaging each other’s reputation publicly. The
school accused her 3 year leadership as tyrannical, bullying and unethical
behaviour. In the end, Kelliher was satisfied with Kambala’s apology to her and
the apology that had been made public. Upon her resignation at the school, approximately
100 teachers of other schools lose confidence in her leadership.
Action: Kambala School
together with the two teachers had issued a letter of apology to express their
regret and unequivocally withdraw all the comments and remarks made against
Kelliher. They further apologise for the publication and distribution of emails
and the damage that has brought about in her personal life and her line of
profession. A copy of the apology letter with signature was issued to 300
people and they accepted the letter. The settlement amount was not disclosed
however she has lost $650,000 of her annual income and claimed total compensatory
damages of $2million.
Review: From the news
analyse, the defamatory allegations made by Kambala School and the two teachers
was proven wrong because they could not support their allegation against the
plaintiff. The two teachers had the same target subject who was the plaintiff alone
and none other involved. The statement was libel since it’s in writing and
circulated using an electronic platform that has reached almost 300 recipients
and 200 comebacks on the email. The seriousness and damage caused by the
defendant (Kambala and the school teacher) has resulted in obstruction of
career pursue, reputational damage among the members of school, parents and
society. Though she has expressed her satisfactory towards the letter of apology,
the impact of the incident leaves a mark that is prominent.
The relevant act that can be associate with the above case is Section 211 Communication and Multimedia Act 1998. Both teacher can be further charged under the Penal code Section 298A and Section 499. Since there was unexpected number on the combacks on the email those who have forwarded those defamtaroy remarks can be charged under Computer Crime Act 1997 Section 7 Aiding and abeiting for aiding the the two teachers crime act. The above case can be further supported with Idaho high court considers 'defamation by inference' lawsuit (https://apnews.com/5880f22380224142b6d50604554268ec ).
The relevant act that can be associate with the above case is Section 211 Communication and Multimedia Act 1998. Both teacher can be further charged under the Penal code Section 298A and Section 499. Since there was unexpected number on the combacks on the email those who have forwarded those defamtaroy remarks can be charged under Computer Crime Act 1997 Section 7 Aiding and abeiting for aiding the the two teachers crime act. The above case can be further supported with Idaho high court considers 'defamation by inference' lawsuit (https://apnews.com/5880f22380224142b6d50604554268ec ).
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