Dan Michaluk Quoted in Benefits Canada on Employers Responding to a Reference Request About a Prior Employee
Benefits Canada quoted Hicks Morley’s Dan Michaluk in a December 19, 2017 article titled “Decision on employee reference eases the fears ‘to a certain extent.’”
The article explores what an employer should say when asked about a former employee who wasn’t up to the task. When asked about the risks of a previous employer going too far, Dan said, “Within the scope of giving a reference, employers have the protection of qualified privilege.”
The Ontario Superior Court rejected a recent defamation claim, finding that while the former employer had given an unfavourable reference, there was substantial evidence that it was a truthful description.
“The law will protect someone conveying facts so long as the person doesn’t act based on malice and doesn’t go too far and stays within the boundaries of the occasion,” Dan added.