The use of artificial intelligence in a general protections application brought by a former employee has been criticised by deputy president Tony Slevin of the Fair Work Commission in the decision of Mr Branden Deysel v Electra Lift Co. [2025] FWC 2289.
While the use of ChatGPT by the applicant did not prove to be determinative, as his case had a range of other problems (including being brought almost 900 days after the 21-day time limit and there being no “exceptional circumstances” to justify the delay, as required by the Fair Work Act), it was apparent that the use of the AI model may have either led to, or encouraged, the applicant to bring the claim, by giving poor “advice” as to the merits of his claim.
Deputy president Slevin observed (at paragraph 6 of the decision):
“As to the merits of the claim, Mr Deysel confirmed during the conference that he had used an artificial intelligence large language model, ChatGPT, in preparing his application. So much was clear from the deficiencies in the application which failed to address the matters required to make good a claim that Part 3-1 of the Fair Work Act had been contravened. The application also included an extract from advice given by ChatGPT which was that various employment and other statutory obligations had been contravened by the Respondent. The advice suggested that Mr Deysel commence various legal actions against the Respondent, including making application under s. 365 of the Act. I can see no basis for this...
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