References in the SA Hospitality Industry you can run but

you cant hide!

I feel an honest reference is essential before employing someone. Employers should not be
afraid to give a bad reference if it is true
Prospective employers should get a full picture of the person they are signing on,
particularly in hospitality.
In my opinion giving honest references in the hospitality industry is vital, not only for the
company considering the applicant but also for the career management of the candidate. So
often folks are placed into positions that they are not prepared to fulfill either in education
and/or experience. This has a tremendous impact on getting the job done correctly and
ultimately could affect the standard of service delivered.
Embarking on new job adventures has never been easier. With access to popular job boards
such as Hotel Jobs, Lodge Staff, Facebook, LinkedIn and phone apps, it is not unusual for
hospitality candidates to change employment every 2 years.
Old school recruiters are in two minds about how the system has evolved in the last 2
decades. Online recruitment has a wide net, is cost effective, efficient, and less time
consuming. However, the bulk of candidate communication now takes place electronically,
and the subtle nuances and intuition that only a personal meeting can provide, is often lost in
the process.
Recruiters have to rely heavily on screening methods such as criminal and credit checks,
verification of qualifications, and most importantly, references. Employees who misbehave in
one company are very likely to be repeat offenders. Work and personal ethics are integral to a
persons character, and referencing is the most reliable method of determining a candidates
likely performance and fit (apart from working interviews).
Hence, referencing has become absolutely essential to the hospitality industry. But, despite
this, it is a topic approached with
enormous wariness and restraint.
Because of the perception that giving negative references are illegal, many reference
conversations are cryptic, vague, and frustrating. Some companies have entirely noreference policies, which makes it incredibly hard for potential employers to make sound
recruitment decisions.
We conducted a survey with the recruiters of some of SAs most reputable hospitality
establishments, and contacted the CCMA and a number of labour lawyers for advice.
Roughly 90% of companies are happy to provide references on request. However, 50% of
these employers are reluctant to provide honest feedback and expect the person conducting
the reference, to read between the lines.
Meanwhile, unscrupulous candidates roam free in the hospitality industry, leaving behind a
legacy of damage, and fooling unsuspecting companies to invest in their employment.
The law is vague on the matter; the candidate should give their consent, there should be a
valid reason for the recruiter to conduct the reference, the referee should be in a reasonable
position to give the reference, and of course it must be the truth. I would like to sneak it in
here that the truth doesnt discriminate between good or bad.
So just what course of legal action is there for an aggrieved ex employee with a bad

reference? Apparently very little. Here is a summary of feedback from the experts regarding
negative references;
It is not illegal to give a bad reference and there is no legal obligation to give a good
reference
The only related labour regulation is that employers must provide a certificate of
service upon termination
The CCMA has no jurisdiction here, it is entirely a civil matter
The aggrieved ex employee can sue his past employer for defamation of character
The aggrieved ex employee will have to prove his defamation case. Balancing on the
line between defamation and honest feedback, it may be a near impossible task, also
considering that the person who obtained the bad reference will have to get involved.
Potential employers / recruiters simply would have no reason to support the ex
employee in this process.
Such defamation of character cases are rare and highly unlikely to be successful
In a nutshell though, there is no legal remedy for a bad reference. The person is no longer
in the employment relationship and does not have remedies under employment law. Unless
there is something in the employment contract which obligates the employer to give a good
reference (which is highly doubtful) and that clause survives the termination of the
employment contract, I would advise that no claim be pursued against the ex-employer.
There is little to no chance that the employee would succeed with a defamation claim.
SASLAW
Notes

from the survey results;

Many employers will not consider a candidate who has even 1 negative reference
Not 1 participating employer would make an appointment without reference checks
The majority of employers do their own reference checks even if these are submitted
by the recruitment agent/candidate
The majority of employers prefer actual reference checks to written references
50% of employers want 3 or more references before making a decision or inviting
candidates for a property interview
It seems employers are most inclined to provide written (email) references if it was a
good staff member, and prefer telephonic references otherwise

Notes on giving references

Verify that it is a legitimate recruiter contacting you, acting in the best interest of a
potential employer
Be truthful and factual, without compromising the individuals privacy (for example,
confirm that he was dismissed, but withhold the gory details)
Avoid negative comments relating to character (for example, individual did not
perform up to our standards instead of he was lazy and useless at his job)
No comment is usually associated with negative feedback, so use it sparingly
Be objective; personal dislikes should not factor. Separate opinion from fact
Be sure to note to the recruiter if you want the reference to remain confidential
Notes on obtaining references
Get written permission from the candidate to conduct references checks with previous
employers
Read between the lines. The general rule of thumb is that the referee will be more
generous with feedback when its positive
Keep in mind not all referees are skilled at giving references. You have to do the
guiding, so be prepared
A reference that sounds too good to be true, might be just that. Focus on where the
candidate has room for improvement
Instead of too many / too specific questions), ask the right questions, such as;
- Would you employ this person in a position reporting to you?
- Did they get along with everyone at work (staff, guests, superiors)?

- Would you say the candidate had good work ethics (honesty, timeous, goes the extra mile)?
Reference RED FLAGS;
References on request Although there are legitimate reasons for not providing
references on a CV, it raises the question of whether the person left his previous
employers on good terms
Reference gaps A star candidate will be eager to list all their references
chronologically. When there are gaps it immediately raises suspicion. Focus on those
references first
Direct supervisor is not the referee In the recruiter experience, 90% of the time, this
indicates a problem
Deceased / departed referees / vague or incorrect details candidates seem to forget
that social media reveals all, with a bit of digging
Inconsistencies during the reference check, ask about the job title, responsibilities,
internal promotions, dates of employment etc.
Referee tone Tone of voice, lengthy pauses, hesitant answers, careful phrasingthey
should all raise little red flags.
There are many factors that can compromise the authenticity of a reference.
Employers should insist on references from at least the last 3 or 4 consecutive
employers. What you are looking for is a PATTERN of good or bad behavior and
performance, not an isolated report.
It remains a sensitive subject, which needs to be approached thoughtfully and delicately.
When you step into a supervisory role, you take on the unwritten responsibility of being a
future referee. You are in a position of power to influence a candidates career, and
subsequently their future, personal growth, and family life. It should be taken very seriously.
The majority of participants in the survey agree that giving honest references is a
responsibility to the hospitality industry in general.
I have always given honest references, because I want others to provide me with the same
courtesy.
Lastly, the bulk of the responsibility lies with the candidate to do a good job, give sufficient
notice, and leave on good terms. There is no doubt that there are employers who do not treat
their staff well, but a responsible, mature, and assertive employee will do what they can to
leave on good terms. Take ownership of your career!
I think employees must be aware of their actions with their current employer and that this
will follow them. Don't burn bridges. This industry is too small for the truth not to come out. I
also feel there is a responsibility to warn potential employers of 'bad apples' that were
legitimately dismissed or who resigned when faced with a disciplinary hearing that could lead
to dismissal. Such candidates give SA tourism/hospitality a bad name.
Carmen Botes
Hospitunity Recruitment