Employment Law Myth No. 1: It is illegal to give a bad reference

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