Professional Documents
Culture Documents
reference? Apparently very little. Here is a summary of feedback from the experts regarding
negative references;
It is not illegal to give a bad reference and there is no legal obligation to give a good
reference
The only related labour regulation is that employers must provide a certificate of
service upon termination
The CCMA has no jurisdiction here, it is entirely a civil matter
The aggrieved ex employee can sue his past employer for defamation of character
The aggrieved ex employee will have to prove his defamation case. Balancing on the
line between defamation and honest feedback, it may be a near impossible task, also
considering that the person who obtained the bad reference will have to get involved.
Potential employers / recruiters simply would have no reason to support the ex
employee in this process.
Such defamation of character cases are rare and highly unlikely to be successful
In a nutshell though, there is no legal remedy for a bad reference. The person is no longer
in the employment relationship and does not have remedies under employment law. Unless
there is something in the employment contract which obligates the employer to give a good
reference (which is highly doubtful) and that clause survives the termination of the
employment contract, I would advise that no claim be pursued against the ex-employer.
There is little to no chance that the employee would succeed with a defamation claim.
SASLAW
Notes
- Would you say the candidate had good work ethics (honesty, timeous, goes the extra mile)?
Reference RED FLAGS;
References on request Although there are legitimate reasons for not providing
references on a CV, it raises the question of whether the person left his previous
employers on good terms
Reference gaps A star candidate will be eager to list all their references
chronologically. When there are gaps it immediately raises suspicion. Focus on those
references first
Direct supervisor is not the referee In the recruiter experience, 90% of the time, this
indicates a problem
Deceased / departed referees / vague or incorrect details candidates seem to forget
that social media reveals all, with a bit of digging
Inconsistencies during the reference check, ask about the job title, responsibilities,
internal promotions, dates of employment etc.
Referee tone Tone of voice, lengthy pauses, hesitant answers, careful phrasingthey
should all raise little red flags.
There are many factors that can compromise the authenticity of a reference.
Employers should insist on references from at least the last 3 or 4 consecutive
employers. What you are looking for is a PATTERN of good or bad behavior and
performance, not an isolated report.
It remains a sensitive subject, which needs to be approached thoughtfully and delicately.
When you step into a supervisory role, you take on the unwritten responsibility of being a
future referee. You are in a position of power to influence a candidates career, and
subsequently their future, personal growth, and family life. It should be taken very seriously.
The majority of participants in the survey agree that giving honest references is a
responsibility to the hospitality industry in general.
I have always given honest references, because I want others to provide me with the same
courtesy.
Lastly, the bulk of the responsibility lies with the candidate to do a good job, give sufficient
notice, and leave on good terms. There is no doubt that there are employers who do not treat
their staff well, but a responsible, mature, and assertive employee will do what they can to
leave on good terms. Take ownership of your career!
I think employees must be aware of their actions with their current employer and that this
will follow them. Don't burn bridges. This industry is too small for the truth not to come out. I
also feel there is a responsibility to warn potential employers of 'bad apples' that were
legitimately dismissed or who resigned when faced with a disciplinary hearing that could lead
to dismissal. Such candidates give SA tourism/hospitality a bad name.
Carmen Botes
Hospitunity Recruitment