A recent Workplace Relations Commission (WRC) case has highlighted the growing use of artificial intelligence in employment disputes… and the serious risks that come with relying on it without carrying out the due diligence of proofreading and fact-checking. In this case, a HR professional, who was representing herself, admitted to using “AI assistance” when preparing legal submissions for her tribunal claim. The issue was not the use of AI itself, but the accuracy and reliability of the material submitted.
The adjudicator ultimately halted proceedings and directed that fresh, simplified submissions be prepared.
What Went Wrong in This Case?
The complainant had submitted a large volume of written material over several months, including references to previous WRC and court decisions. While some of the cases cited did exist, others could not be identified, and some were inaccurately quoted or applied to the wrong legal context.
The employer’s legal team raised concerns that certain case references appeared to be fabricated or incorrect, referring to some information as “hallucinations”. The adjudicator noted that this created unnecessary work for the respondent and undermined the clarity of the case being presented.
Importantly, the WRC made clear that while AI tools may assist individuals in preparing documentation, responsibility for accuracy rests firmly with the person submitting the material.
Key Takeaways for Employers
This case is a reminder that AI tools are increasingly accessible and are being used by employees and employers alike. However, AI-generated content can include errors, outdated legal references or entirely fictitious case law if not carefully verified.
For employers, this raises several considerations. They should be cautious when relying on AI for legal research, policy drafting or dispute documentation. Any content generated using such tools should be reviewed, fact-checked and, where appropriate, validated by qualified legal or HR professionals.
From a process perspective, the case also demonstrates the WRC’s intolerance for excessive or unfocused submissions and reinforces the value of concise, well-structured documentation.
Practical HR Advice – Using AI Safely at Work
AI can be a useful support tool, but it should never replace professional judgement. Employers may wish to develop internal guidelines on appropriate AI use, particularly in sensitive areas such as grievances, disciplinary processes and legal claims.
Training staff on the limitations of AI, especially its tendency to produce confident but inaccurate information, is increasingly important. Where disputes arise, employers should focus on clarity, proportionality and accuracy in all submissions.
Overall, AI may assist the process, but accountability remains human. Used carelessly, it can weaken a case rather than strengthen it.