Warned twice in plain English, he ran his case on AI - and paid for it

A worker who relied on AI to run his unfair dismissal claim must pay his employer's costs after pressing on despite two clear warnings.

In a decision handed down on August 19, 2026, the Fair Work Commission told the former ALDI store assistant to pay $1,230 toward the supermarket's legal bill. That is an unusual outcome in unfair dismissal cases, where each side normally covers its own costs regardless of who wins.

The dispute turned on a single date. To bring an unfair dismissal claim against a larger employer, a worker first has to complete six months on the job - the minimum employment period. The count stops on the day the employee is notified of the dismissal, not the day it takes effect or the notice period ends.

The worker started on September 29, 2025. He was told he was being dismissed on the afternoon of March 26, 2026 - three days short of six months - and lodged his claim the same night. His submissions, drafted with AI, argued the wrong date, saying his employment ran into April and so cleared the six-month mark.

The Commission raised the problem early. Two days after he filed, staff emailed to say the tribunal might have no power to hear the case. Days out from the hearing, the deputy president deciding the matter wrote to him twice on July 31, 2026. Quoting the legislation in plain English, the emails explained that it made no difference when his notice pay arrived or when the job...

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