Defamation law regarding nannies

[bfc1980]

Hi all,

 

Not sure if this is the correct forum/room but I couldn't find one regarding Thai law. So here goes. We recently hired a nanny and everything was going great until we found out (through complete chance) from her last employer that she was physically abusing the child she was looking after. She had references from the job before which were very positive about her hence the reason for hiring her.

Anyway we confronted her about it and she denied it but we still fired her since there's no way I'm taking that risk. Now she has said she is going to make a police report regarding defamation but we are unsure who she is trying to sue. Us for firing her or her previous employer for telling us. 

 

Basically, is there any chance that we or her previous employer could be successfully prosecuted for it?

It's also worth noting that she was here on a student visa from a neighbouring country and it wasn't until recently that we realised this doesn't allow her to work. Would she be shooting herself in the foot if she went to the police since she isn't entitled to work? 

 

 

[Strange]

Just a butt-hurt person firing back with what they can. 

 

Give her zero mind. 

[bfc1980]

That's what I think. But my wife is quite worried now. Especially as some of these 'defamation' cases in Thailand are just plain ridiculous and the Thai justice system isn't always fair.

[Strange]

Whats the alternative? 

[MikeyIdea]

 

6 hours ago, bfc1980 said:

Thai justice system isn't always fair

 

You have heard that from other Westerners who don't know anything about Thailand. Don't listen to people who aren't smart enough to keep quiet even though they don't know anything 

 

1) Thailand isn't different from Western countries, it's not a good idea to first break the law and then go to court 

2) This is civil law, why go to the police in the first place? They don't care unless it is criminal law... and they will laugh at her 

2) Civil law: The ex nanny will have to hire a lawyer and take this to court and she won't

3) Defamation is a joke, she will get nowhere

4) Who says that you can't fire her? How many years / months had she worked for you? What does her employment contract say?

5) Yes, the nanny needs a work permit 

 

Tell your wife to stop worry, just hold her head high and encourage the ex nanny to go to the police and if you / she ever see each other again

 

No worries :)

Edited October 30, 2016 by MikeyIdea

[bfc1980]

1 hour ago, MikeyIdea said:

 

 

You have heard that from other Westerners who don't know anything about Thailand. Don't listen to people who aren't smart enough to keep quiet even though they don't know anything 

 

You're right I have heard that from other Westerners. Mainly on here 

 

So basically she'd need to get a lawyer, which I guess she has't got the spare cash lying around for (unless they have legal aid for civil cases here). 

 

So no worries then. 

 

Thanks for your help.

[claffey]

You said she was working here illegally? So if she tries to take action against you she could end up being deported! Don't let her threats get to you. Threaten here back with a phone call to immigration. She is nobody so she can't touch you. If she was someone of importance then you could be in trouble but she's not... Move on...

 

On a separate issue and it's none of my business but I really don't understand why parents hire uneducated, often illiterate and dangerous people to look after their kids? People should look after their own kids. Why hire some Cambodian or Burmese peasant to entrust the care of your children to? Doesn't make sense to me.. Money is the answer of course. But I would rather live with one income and know that my children are safe...

[blackcab]

The point of defamation in Thailand is that you cause damage to someone's reputation. What is said or written can be true or false; it really doesn't matter. If you damage someone's reputation you are at fault.

 

Clearly, one element is that you must have shared your written or spoken opinion to at least one other person besides the childminder herself.

 

If you did not, it is impossible for you to have defamed her.

 

She is lucky you are not like Monta "Chicken Lady" Yokrattanakan who accused her staff of stealing all sorts of items and had some of them imprisoned.

[soulboymark]

On 30/10/2016 at 7:21 PM, MikeyIdea said:

 

 

You have heard that from other Westerners who don't know anything about Thailand. Don't listen to people who aren't smart enough to keep quiet even though they don't know anything 

 

1) Thailand isn't different from Western countries, it's not a good idea to first break the law and then go to court 

2) This is civil law, why go to the police in the first place? They don't care unless it is criminal law... and they will laugh at her 

2) Civil law: The ex nanny will have to hire a lawyer and take this to court and she won't

3) Defamation is a joke, she will get nowhere

4) Who says that you can't fire her? How many years / months had she worked for you? What does her employment contract say?

5) Yes, the nanny needs a work permit 

 

Tell your wife to stop worry, just hold her head high and encourage the ex nanny to go to the police and if you / she ever see each other again

 

No worries :)

 

[jimster]

She's from a neighboring country (either Cambodian or Burmese) and therefore isn't Thai. She doesn't stand a chance. I'm surprised she even thought to sue for defamation as most migrant workers from these countries are too scared to cause trouble in Thailand as they know if they mess up, they're up for immediate deportation.

[jimster]

On 10/30/2016 at 1:06 PM, bfc1980 said:

That's what I think. But my wife is quite worried now. Especially as some of these 'defamation' cases in Thailand are just plain ridiculous and the Thai justice system isn't always fair.

She's a foreigner. What are you worried about? If the nanny was Thai it would be a different story, but as a Cambodian or Burmese citizen she stands 0 chance.

[MaeJoMTB]

Report her to immigration, and she'll be gone.

Edited November 7, 2017 by MaeJoMTB

[bfc1980]

Quick update. We didn't hear a peep from her after that. I think she knew the score and was just trying scare us into submission. We were fortunate enough to find a new nanny a few days later who incidentally was also from Burma and had the same name. She was absolutely awesome though. Our kids adored her but unfortunately we had to let her go in June as my mum in law has come out to live here for a year. Both children have very fond memories of her and still talk about her. I still have her number so if anyone is looking for a reliable and fantastic nanny, I'll pass on your details.