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Legal hot water in giving a bad reference

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HC Online | 03 Sep 2012, 12:00 AM Agree 0
It’s an HR no-brainer: if an employee was dismissed for poor performance, any subsequent references provided by the organisation should reflect this. Yet legally, it’s not that simple.
  • Sebastian Harvey | 04 Sep 2012, 10:54 PM Agree 0
    The 'asking around' issue is interesting. Which part of the Privacy Act would this be breaching? The practice is fraught with problems, including the reliability of the evidence and the source. I'd be as concerned for the anonymous referee providing information and not knowing that the information could be used in a selection decision. However, I can think of ways that the discreet inquiry could be managed tactfully in the initial contact and fairly through judicious follow-up. Would this still be unlawful? If so, what do recruitment head-hunters think about it?
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