Commission calls it a ‘waste’ of resources
The Fair Work Commission (FWC) recently dismissed an application for extension of time involving a worker who relied on artificial intelligence to prepare his general protections claim almost two and a half years after his employment ended.
The case arose when the worker used ChatGPT to draft his application and follow legal advice from the AI system, resulting in what the Commission described as "hopeless" proceedings that unnecessarily wasted commission and employer resources.
The worker argued he should be granted an extension of time to file his dismissal claim due to a lack of awareness of his workplace rights and concerns about potential retaliation from his former employer.
He maintained that these factors constituted exceptional circumstances warranting the Commission's consideration of his late application, despite the significant delay since his resignation in October 2022.
The employment relationship ended when the worker resigned in writing on 19 October 2022, but he subsequently sought to characterise this resignation as a dismissal under general protections legislation.
According to the FWC, a resignation may constitute a dismissal in circumstances where an employee is forced to resign due to employer conduct, though the Commission did not need to determine this issue given its decision on the extension application.
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