Depending on the reasons for the employment ending, the employee may seek a reference or certificate of service from the old employer. 

The latter is rather innocuous document that typically sets out the dates of employment and nature of the duties performed.   

However, providing a written or verbal reference does open the referee to potential risk.  

Under the Privacy Act 1988 (Cth), a candidate for a role will generally have access to recruitment records up until the point they become an employee.   

Therefore, it is important if providing a reference to remember that the ex-employee may potentially gain access to the notes made about what was said.  

There is no obligation to provide a reference to old employees, therefore consider the implications and whether you feel comfortable doing so before agreeing.   

Every scenario when managing an employee exit will be different.   

For further information or advice please contact the Employee Relations Advice Centre on (08) 9365 7660 or email [email protected].