The technology produced legal precedents that didn't exist, the Commission revealed
An employee used an AI legal assistant to challenge his dismissal, but the technology fabricated case law that didn't exist.
Jason Riley joined Nuvei Australia Merchant Services in September 2022 as an Account Manager. During his job interview, he disclosed previous mental health challenges and burnout from his last employer. By July 2023, he moved into an Account Executive role, a higher-pressure position focused on growing the business and hitting sales targets.
Within months, Riley's mental health deteriorated. He took increasing amounts of sick leave through the second half of 2023. On February 12, 2024, he began an extended medical absence that would stretch for over sixteen months. He exhausted his paid leave within weeks and stayed on unpaid leave from March 7, 2024 onwards.
Throughout his entire absence, Riley submitted WorkCover Certificates of Capacity to Nuvei. During the Fair Work Commission hearing, he admitted every single certificate showed he had no capacity for employment. None provided any prognosis about when he might recover or return to work.
After Riley had been absent for more than a year, Nuvei's General Manager initiated a review process in February 2025. By June 2025, the company sent Riley a show cause letter, explaining they were considering termination because his extended absence showed no sign of ending and he appeared unable to perform his role with no...
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