Many people believe that giving a "bad" reference is somehow against the law.
In fact, there is no general obligation at law to give an employee (or former employee) any sort of reference – good or bad.
Where the law might intervene (for example in an action in defamation) would possibly be if an employer provided a deliberately dishonest or misleading reference which caused some harm to the employee.
To avoid such potential pitfalls many employers adopt the position of just providing a statement of service confirming an employee's length of service and position, but not commenting further.
For further information please contact:
Simon Obee, Associate
Phone: + 61 2 9233 5544
Email: sro@swaab.com.au
Richard Ottley, Partner
Phone: + 61 2 9233 5544
Email: rbo@swaab.com.au
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.