The Fair Work Commission has seen a sharp increase in workplace complaints due to the use of AI tools. (Source: AAP)
Disgruntled Australian workers are turning to artificial intelligence tools to bring unfair dismissal and workplace grievances. Employees can file a complaint within minutes, and the AI chatbot will tell the disrespected employee that they may receive a payout even if the complaint is unfounded.
Adam Hatcher, chairman of the Fair Work Commission (FWC), recently revealed that workplace tribunals are being bogged down by AI-generated claims. FWC has received a record number of applications and its total workload has increased by more than 70% in three years.
Human resources expert Jonathan Wolfley said: Yahoo Finance When affected workers entered their situation into ChatGPT and other AI tools, they often received a positive and affirmative response to filing a complaint.
related
“Within minutes, workers can make a plausible wrongful dismissal or general protection claim, and then they think, why not file it?” he said.
The problem is that AI tools are prone to making up fake termination stories, “hallucinating” and using false references. Therefore, although the application appears to have legal rights, it actually has no chance of success.
“They are given a false impression by the AI, especially ChatGPT, and the AI does everything in its power to fabricate a reason for that,” Wolfrey said.
“Ordinary employees cannot criticize what ChatGPT is communicating because it is not their expertise. They will take it at face value.”
Many companies have recently started laying off Australian staff due to the move to AI. Ironically, some of the same AI-displaced workers may be using the technology for Hail Mary retaliation.
Talenting founder Jonathan Wolfley urges Australians to seek professional advice, free or paid, if they want to make a serious statement. (Source: Talent/Getty)
In a speech to the Victorian Bar Association last month, Mr Hatcher revealed that the FWC’s operations were being “significantly disrupted” by the availability and use of AI tools.
The annual number of applications is expected to reach 50,000 to 55,000 by July, up from the previous “normal” 30,000 a year. This rapid increase is primarily driven by the increased use of AI tools by potential litigants.
Hatcher said AI tools can fabricate facts to justify weak wrongful termination claims, “glorify” general protection claims against unqualified persons, and “give a sheen of legal plausibility” to lawsuits that, according to the analysis, have no reasonable chance of success.
Mr Hatcher said “the penny dropped” late last year when he tried to use ChatGPT himself to prepare a claim for dismissal without cause.
When he provided ChatGPT with some basic facts, including telling him he believed he was fired for filing a complaint several years ago, ChatGPT created an application within 10 minutes.
Hatcher said the application contained a “substantially fabricated story” about his termination and argued that in a “realistic scenario” ChatGPT would receive between $15,000 and $40,000 in damages.
“And this was in relation to a putative case that I could not assess to have a reasonable likelihood of success based on the facts I provided to ChatGPT,” he said.
The FWC has now reformed its procedures by requiring applicants to disclose their use of AI in all forms and documentation.
While this is currently being done on an ad hoc basis, Hatcher said the intention is to include AI disclosure requirements in all formats in the near future.
Mr Woolfrey urged workers who wish to make a genuine FWC claim to think twice before using AI.
He acknowledged that in reality, there is no significant disadvantage for workers to open a rift and file a claim, which is half the problem.
“At the mediation stage, that’s the trigger, but there’s no award of costs. All the worker has to give up is their time,” Wolfley said.
“For workers, the only downside to implementing these things is that they feel embarrassed. Their time is jammed, their expectations are high, and deals that don’t seem to be of any benefit distract them from actually moving on with their lives, actually finding new roles, and moving on with their lives.”
If workers continue to claim the issue and the matter goes to a hearing, they could be liable for costs if their claims are completely false, Mr Wolfley warned.
“It is unlikely, but if we continue to waste the court’s time, such an outcome could occur in the future,” he said.
Wolfley said the reality is that people will continue to use AI tools for advice.
He also recommended seeking professional advice to avoid wasting his and FWC’s time. Some options include FWC’s free legal consultation referrals and your state’s employment law center.
Get the latest news on Yahoo Finance – Follow us facebook, linkedin and Instagram.
