The law places no obligation on the employer to supply a good character/reference to an employee once the employment relationship has ended. If the employer chooses to give character references. It would be advisable for the employer to have policies in place that create a sense of consistency. These policies should be communicated to the staff. It is important to note the employer is under no obligation to have said policies in place.
The Basic Conditions of Employment Act (BCEA) s42- The act places an obligation on the employer to supply an employee a certificate of service upon termination.
- the employee’s full name.
- the name and address of the employer.
- description of any council or sectoral employment standard by which the
employer’s business is covered.
- the date of commencement and date of termination of employment.
-the title of the job or a brief description of the work for which the employee
was employed at date of termination.
- the remuneration at date of termination.
- if the employee so requests, the reason for termination of employment.
* The case Van Niekerk v Minister of labour & others (1996) 17 ILJ 525 (C), An individual has the right to a professional reputation and fair procedures are required for any decision affecting the individual.