A good employment reference letter says who the referee is, how they know the person, the job and the dates, and what the referee saw of the person’s skills, performance and conduct, with one or two real examples. It is written in the referee’s own voice, sticks to the work, says only what is true, and ends with a signature, a date and a phone number or email so a new employer can check it.
Claim Done drafts an employment reference letter from your answers for a flat A$29. It is written in the referee’s voice, from facts the referee knows, ready for the referee to read, change if needed, and sign.
Who writes a reference, and who signs it
A reference comes from a person who has seen the work: a manager or supervisor, the employer or business owner, or a colleague. That person is the referee. The reference is theirs, so they must agree to give it and they must sign it.
The employee can prepare the first draft, as long as the manager reads every line, changes anything that is not right, and only then signs.
Does an employer have to give a reference?
No. Legal Aid NSW puts it plainly: your employer does not have to give you a reference. It also says a referee may be asked for an honest opinion about your work, so they do not have to give you a good one. Its advice is to choose your referee carefully.
Some employers have a set rule. The Fair Work Ombudsman’s workplace privacy guide notes that some employers have a policy of not providing references and only confirm whether the person worked for them. If your old workplace will only confirm that you worked there, ask a manager, supervisor or colleague whether they will be your referee instead.
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Reference or statement of service: which one do you need?
| Employment reference | Statement of service | |
|---|---|---|
| What it is | A referee’s honest view of the person’s work, built on facts | A record of the job: the type of work and how long the person worked there |
| Who it comes from | A manager, supervisor, employer or colleague, in their own name | The employer |
| Opinion or praise | Yes, as far as the facts support it | No. Facts only |
| Must the employer give it? | No | Your award or agreement may require it |
On the last row, Legal Aid NSW says your award or agreement may require your employer to give you a statement of service or something similar, which usually says the type of work you were doing and how long you worked there. Check your own award or agreement. If you need the record and not the opinion, Claim Done also has a statement of service.
What a good reference contains
The Fair Work Ombudsman’s guide tells employers to keep a reference focused on the employment relationship. It lists what that covers: the employee’s skills, performance, conduct, their type of employment and their length of employment. A reference that does this well includes:
- the referee’s name, job title and business
- how the referee knows the person, for example as their manager or supervisor
- the role or roles the person held, whether full time, part time or casual, and the dates
- the main duties
- what the referee saw of the person’s skills, performance and conduct
- one or two specific examples, such as a project they ran or staff they trained
- a recommendation that is only as strong as the facts behind it
- the referee’s phone number or email, so the reader can confirm it
- the referee’s signature and the date.
Examples do the heavy lifting. “Reliable and hard-working” could be about anyone. “Trained four new staff” is something a reader can check.
Keeping it truthful, and keeping private things private
A reference is the referee’s honest opinion, so write only what the referee knows and believes. Do not add a skill, a result or a date that is not real. A new employer may ring the referee, and the letter and the call need to match. Honesty also runs the other way: Legal Aid NSW notes that an unreasonably bad or unfair reference could be negligent or defamatory, and that these are complex areas of law.
Before writing dates and job titles from memory, check them. Employers have to keep time and wages records for 7 years, and those records cannot be false or misleading, according to the Fair Work Ombudsman’s record-keeping page. The reference should agree with them.
On privacy, the Fair Work Ombudsman’s guide says an employer will not breach Commonwealth privacy laws by providing personal information that relates directly to the employee’s employment, but can still ask for the employee’s consent. Consent can usually be assumed if the employee has already asked the employer to be a referee. If they have not, the employer should consider asking first.
The Office of the Australian Information Commissioner explains that a private sector employer’s handling of employee records is exempt from the Australian Privacy Principles in certain circumstances, where it is directly related to a current or former employment relationship. The exemption does not cover acts outside the scope of that relationship. Australian Government employee records are treated differently: the privacy principles apply to them.
The practical rule is short: keep to the work. The same guide says it is generally not appropriate to disclose private information about a current or former employee, such as their medical history.
How to set out an employment reference letter
This is the structure, from top to bottom:
- Sender block. The referee’s name, job title and business, and the date.
- Addressee. The person or business it is for. If you do not know, “Hiring Manager” works.
- Subject line. “Employment reference for” and the person’s full name.
- Opening. One sentence saying the referee is writing to give an employment reference for the person.
- Who the referee is. Their role, and how they know the person.
- The job. Role or roles, type of employment, and dates.
- The work. Duties, skills, performance and conduct, with the examples.
- Recommendation. One sentence, no stronger than the facts.
- Contact. An invitation to call or email the referee to confirm anything.
- Close. “Yours sincerely”, signature, printed name and date.
Signing it, handing it over and what to keep
The referee reads the final letter, signs and dates it, and gives it to the person it is about, or sends it to the new employer if asked. Check first whether the business has a rule. The Fair Work Ombudsman suggests employers have a policy on when references are given, whether written or verbal, and who can authorise one.
The referee should keep a copy, so that what they say on a later phone call matches the letter. The employee should keep the signed original and send copies.
What happens next, and what to do if the answer is no
If a manager says no, or the business will only confirm that you worked there, you cannot force a reference. Ask another manager, supervisor or colleague who saw your work. You can also ask for a statement of service, and check whether your award or agreement requires one. The Fair Work Ombudsman’s record-keeping page adds that if an employee asks to see their records, the employer must make them available, including after the job has ended.
Mistakes to avoid
- Writing your own reference and using it without the referee reading and signing it.
- Praise with no facts behind it.
- Dates or job titles that do not match the employer’s records.
- Mentioning health, family or other private matters.
- Leaving off the referee’s contact details, so nobody can check it.
- Asking for a reference when what you need is a statement of service, or the other way round.
If the referee has agreed and you want the writing done, Claim Done’s employment reference letter turns your answers into a reference in the referee’s voice for a flat A$29. You read it first, then download it for the referee to read and sign. Nothing is sent to anyone else. Claim Done is not a law firm and does not give legal advice.
What changes when it is in writing
Same situation, said once and clearly.
Getting it drafted
Can I have a Employment Reference Letter drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Employment Reference Letter from the answers you give about your situation for a flat $29 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=employment-reference-letter. Claim Done is not a law firm and does not give legal advice.
How much does a Employment Reference Letter cost, and how long does it take?
$29 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Do I need a lawyer to send a Employment Reference Letter in Australia?
No. There is no legal requirement to use a solicitor to write or send a Employment Reference Letter; many people send their own. Claim Done drafts it for you and you approve it before it is sent.