Assignment task:
Samira applies for a job as chief financial officer with a firm of accountants. She is very excited about the opportunity as such jobs are not advertised very often and it is a more senior role than Samira's current job, as well as meaning a significant increase in Samira's salary. She is the last candidate to be interviewed that day by an interview panel comprising five senior managers from the firm of accountants. The interview is conducted via a video conferencing service, with all those involved joining through an online link. At the end of the interview, Samira leaves her study to make a coffee. When she returns to the study, she discovers that, inadvertently, she had not logged out of the virtual meeting room and the cameras and microphones are not muted. She can therefore see and hear the discussion of the interview panel about the candidates, although the panel are unaware of this. The chair of the interview panel, Alex, states emphatically to the other members of the panel that he remembers 'that last one' as 'she worked at my old firm' and that 'she is a slacker and untrustworthy'. These statements are in fact not wholly correct. Whilst Alex is correct that Samira did work previously at Alex's old firm, he has confused Samira with another employee there who had a poor reputation. In fact, Samira had an excellent record at Alex's old firm and at her current firm. Despite Samira's interview having otherwise gone well, the panel decides that they will not offer Samira the job on the basis of Alex's statements.
When Samira is formally notified of their decision that evening, she is incensed and, in a drunken rage, posts on her social media account, complaining about not getting the job and blaming Alex (although she does not use his name specifically and does not refer to the firm by name either). She states that 'the malicious old git did not give me a job, probably because he is sexist and racist'. The account is only visible to Samira's friends on her social media account, and the post is only viewed by three friends before Samira removes it, regretting her haste. She is still angry though and wonders whether she can make a claim for defamation against Alex.
You are required to advise:
- Whether Samira has a potential claim for defamation against Alex
- Any potential defence(s) Alex may have against an action for defamation
- Whether Alex has a potential claim for defamation against Samira.
You should produce one answer which covers the three bullet points above that you are asked to advise on.