Is A Reference Letter Worth The Paper It's Printed On?

• Published date: 02 April 2024
• Subject Matter: Employment and HR, Retirement, Superannuation & Pensions, Employee Rights/ Labour Relations
• Law Firm: Consolidated Employers Organisation
• Author: Ms Tammy Barnard

Many employees don't fully appreciate the importance of a reference letter and how significantly it can benefit their future job prospects. In today's job market, departures from employment don't always come through resignation or reaching retirement age. Instead, many find themselves dismissed for serious misconduct, leaving employers with a bitter aftertaste. Consequently, the notion of providing such individuals with a reference letter can seem like an absurd kindness that many employers are hesitant to extend. This is especially true in instances of dismissal due to misconduct, where employers grapple with the decision of whether to offer reference letters to those being let go.

In spite of the employer's reservations, it's essential to recognise that the law mandates employers to issue a certificate of service to an exiting employee, regardless of the termination reason.

Section 42 of the Basic Conditions of Employment Act (BCEA) stipulates that:

"On termination of employment, an employee is entitled to a certificate of service stating'

(a) the employee's full name.

(b) the name and address of the employer.

(c) a description of any council or sectoral employment standard by which the employer's business is covered.

(d) the date of commencement and the date of termination of employment.

(e) the title of the job or a brief description of the work for which the employee was employed at the date of termination.

(f) the remuneration at the date of termination.

(g) if the employee so requests - the reason for termination of employment."

Notably, clause (g) of Section 42 stresses that employers are prohibited from disclosing the reason for termination of the employee in terms of the certificate of service unless the departing...