Employers will welcome a High Court ruling in Hincks v Sense Network that the duty of care to an ex-employee, when giving a reference detailing opinions on performance reached following an investigation, does not normally require the referee to examine the procedural fairness of the underlying investigation. The referee should take reasonable care in considering and reviewing the underlying material so that they can understand the basis for the opinion and be satisfied that there was a proper and legitimate basis for it, but there is no need to enquire further unless there is a 'red flag' such as obvious errors in the underlying material or information casting doubt on the reliability or integrity of the material.
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.