FWC says the employee acted unreasonably for continuing the claim despite its warnings
A terminated Aldi worker who used artificial intelligence to make an unfair dismissal claim has been ordered to pay his employer's legal costs after ignoring repeated warnings from the Fair Work Commission (FWC) that he was arguing the wrong point.
The FWC, in a rare move, ordered the employee to pay some of his former employer's legal costs of $1,230.
"I have taken the very rare step of ordering him to pay some of the employer's legal costs, because his unreasonable conduct caused his former employer to incur those costs unnecessarily," FWC Deputy President Michael Easton said in the decision.
The ruling comes after the worker ignored repeated warnings from the FWC that his unfair dismissal claim was "hopeless" and unlikely to succeed.
"I formed the preliminary view that [the employee's] case was hopeless because, on his own version of the facts, he had not met the minimum employment period requirement and was therefore not eligible to make his unfair dismissal claim," Easton said.
The relevant end date for the purposes of calculating the minimum employment period is the date the employee was notified of the dismissal, according to the Fair Work Act.
The employee, in this case, was notified of his dismissal three days short of the required six-month minimum employment period, a fact that was never put in dispute.
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