Legal
Singapore Court Partly Overturns Judgement Over Job Reference Negligence - Report

A court has partly overturned a judgment in a defamation suit over job references provided, highlighting what is at stake in employer references.
AXA Life Insurance in Singapore, part of France-based financial
group AXA, reportedly "breached the duty of care" to a former
employee who claimed references from the firm, costing him a $2.2
million remuneration package with Prudential, the Court of Appeal
has ruled.
Ramesh Krishnan has accused AXA of defaming him when
providing references on his work performance. He lost the
defamation suit in the lower court last year but that judgment
was partly overturned yesterday. Ramesh said AXA's reference
would lead an ordinary person to infer that he had been
incompetent, a report by the Straits Times of Singapore
said.
He said the reference cost him potential remuneration from two
prospective employers - a $2.2 million package with Prudential
and a $20,000 sign-on fee with Tokio Marine. (The article did not
stipulate whether these amounts were in Singapore or US
dollars.)
WealthBriefingAsia is in contact with AXA about the
matter and may update in due course.
AXA told the two firms of the "persistency" rates of policies
sold by financial advisors under Ramesh's supervision.
Persistency rates refer to how long the plans were in force
after a given period.
High Court Judicial Commissioner George Wei ruled last year that
AXA did not breach the duty to take reasonable care when
responding to Prudential, Tokio Marine and the Monetary Authority
of Singapore because the accuracy of AXA's calculations of the
persistency ratios were "supported by evidence and remained
largely unchallenged" by Ramesh.
But the appeal court held that the man succeeded in his claim of
negligence against AXA in respect of his application to join
Prudential but not his application to join Tokio Marine.
The Court of Appeal awarded Ramesh the costs of the appeal, and
of the trial in respect of only the negligence claim pertaining
to his application to join Prudential, but not the negligence
claim pertaining to his application to join Tokio Marine, nor the
defamation and the malicious falsehood claims, the report added.