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Defamation and job references in NZ

Where a bad reference becomes an unlawful one.

The short version

The line

A defamatory reference is one that is not honestly held or not relevant to work performance, published to a third party, and damaging to your reputation.

Qualified privilege

Honest opinions on work performance, given to someone with a legitimate interest in them, are generally protected. Malice and irrelevant personal attacks are not.

What this means for referees

Good referees are often overly cautious, and caution comes out as dates-only answers. A brief gives them safe, specific, relevant material so they do not default to silence.

Where Reference Ace fits in

The honest version of this problem is solvable, and it lasts. No usable referee? We check real examples of your work, confirm they're yours, and vouch for them openly as an independent reviewer. Got referees? We brief them properly, run a practice of the exact call employers make, and use the consent rules that keep your current employer out of it until you have signed. Nothing to hide, nothing that unravels in year two.

Common questions

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Can I sue over a bad reference?

Only where it crossed into defamation or discrimination. A fair negative opinion, honestly held, is lawful.

Is not eligible for rehire defamatory?

It is a factual employment status and generally safe, though context always matters.

My referee is scared to say anything. Fix?

Common. A brief of agreed, true talking points is usually all the cover a nervous referee needs.

No referee? Show us your work

Reference Ace checks real examples of your work, confirms they're yours, and vouches for them to employers by name, always as an independent reviewer and never as a former boss. Got a referee already? We brief them and run the practice check before a real employer calls.

See how it works and pricing