Tag Archives: references
Recruitment: failure to disclose information may shift burden of proof for discrimination claim
Employers can refuse to provide recruitment information to an unsuccessful job applicant who meets the advertised job criteria, but risk this being used to support a finding that there is sufficient evidence of prima facie discrimination to shift the burden … Continue reading
References: care needed when referring to un-investigated allegations
In giving a reference for an ex-employee, an employer can refer to allegations of misconduct or poor performance that were not investigated due to the timing of the employee’s departure, provided the reference makes clear that the allegations have not … Continue reading
Filed under Termination of employment
Post-employment comment: duty to take reasonable care may extend beyond formal references
Employers should warn staff of the danger of making inaccurate statements about an ex-employee. It is well-established that an ex-employer has a duty to take reasonable care in the preparation of a reference for an ex-employee. The High Court has … Continue reading
Filed under Termination of employment