Taiwan chef jailed for defaming boss over alleged wage theft

A chef in Tainan has been sentenced to 10 days in jail for defamation after falsely accusing his former general manager of withholding wages. The chef, who worked at a congee restaurant, claimed the employer advertised a monthly salary of 56,000 NT dollars but only paid 34,000 NT dollars. He also spread accusations in a group chat that the general manager, identified as Mr. Xu, failed to pay double wages for holiday work and during typhoons, and questioned bonus payouts.

However, the court found the chef's allegations to be untrue. Evidence presented by Mr. Xu included a signed salary confirmation detailing the 34,000 NT dollar base pay and pay slips showing that holiday wages were indeed paid at double the rate. Regarding bonuses, Mr. Xu provided receipts and chat records to prove they were disbursed normally.

Furthermore, meteorological records confirmed there were no typhoons during the chef's period of employment. The court concluded that the chef, having signed documents acknowledging the proper issuance of holiday pay and bonuses, deliberately spread false information. This objectively damaged Mr. Xu's reputation. The court emphasized that while freedom of speech is protected, malicious dissemination of falsehoods is not. The chef's actions demonstrated "actual malice," and his claims were not applicable for exemption, even considering a separate civil case regarding a small amount of overtime pay.

Despite the ongoing civil dispute over a minor overtime payment, the court ruled against the chef. His appeal was rejected because he did not seek reconciliation after the verdict. The court stressed that his statements were not objective commentary on public interest matters and lacked factual basis.