First published on Tuesday, August 18, 2026
Last updated on Monday, August 17, 2026
A worker in Australia has been banned from using AI to draft complaints against her employer. Although her complaints were upheld by the Fair Work Commission, the details had been buried within documents that were “lengthy, wide-ranging, replete with generalisations, repetitive, and often couched in accusatory language”. This resulted in her employer disengaging with the process instead of tackling the legitimate claim.
How should employers tackle AI-written grievances?
AI-generated claims can take more time and resources to deal with. But as seen in the above case, you shouldn’t ignore a grievance or complaint. Even if it’s repetitive, difficult to follow, or contains generic legal references.
If you receive a complaint you suspect has been written by AI, you can ask for clarification. You don’t have to ban the use of AI, especially where an employee would otherwise struggle to articulate their case or structure a complaint. But, you can ask your employee to give you the facts, identify key issues and prioritise their concerns. And you can ask them to make sure the tone is professional, constructive, and focused.
Surge in AI-written cases
In May 2026, the Workplace Relations Commission (WRC) published guidance on the use of AI. Whether either party uses AI or not, the WRC emphasises:
You are fully responsible for the content
If legal information is wrong or misleading, it may harm your case
You may be asked to explain your submission or clarify parts of it
Could Irish tribunals ban AI-written complaints?
Tribunal claims rose 44% in 2025, according to the WRC Annual Report. The average wait time increased from 133 days in January 2025 to 174 days by December 2025.
It’s in everyone’s interest to reduce the tribunal backlog. Employees don’t want to wait years for their day in court. And if claimants are out of work for longer while they are waiting for a tribunal, employer payouts for loss of earnings may increase.
The Australian case may have been a one-off. But as the WRC guidance makes clear, material generated with AI that is “irrelevant, inaccurate, invented or not independently checked may be given little or no weight and may make it harder to deal with the case fairly and efficiently.”
How BrightHR can help you
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Stay up to date with changing legislation. Watch a recording of July’s webcast ‘WRC 2025 Annual Report Round Up’.
