This will ensure consistency in the provision of these references and avoid references which are falsely positive or negative about an employee. If an organization chooses to provide character references for previous employees, it is advisable that a proper policy be implemented by the organization advising staff as to who are entitled to provide character references, how to deal with character references and which information should generally be provided or avoided when providing a character reference.

It is more important that the organization requiring the character references ensure that it has obtained the necessary consent of the job applicant to do so. Our law does not place an obligation on any employer to provide a character reference for an employee when their employment relationship has ended but likewise it also does not prohibit an employer form providing such a character reference. What does our law say in respect of the employer being asked for a character reference and the employee who received a false character reference from an employer? A month later, the incident long forgotten, you are cited as the defendant in a defamation case and sued for damages by this previous employee. Your path with this employee did not part on the best of terms, and he did not even have the decency to ask you if you would be prepared to provide a character reference, so you decide to sabotage his chances of being appointed. Out of the blue you get a call from an organization asking you for a character reference of a previous employee.

Happy char ref