Australia: Employment Litigation/ Tribunals

Recent court decisions reveal the pitfalls of relying on artificial intelligence in employment litigation, as judges dismiss cases where applicants used AI to generate evidence and submissions without proper verification. These rulings highlight the dangers of treating AI chatbots as legal advisors and the consequences of failing to disclose or properly supervise AI-generated content in court proceedings.

In this episode of Inside Employment, Natalie Gaspar and Lucy Boyd are joined by HSF Kramer Disputes Partner, Melissa Gladstone to explore the rise of employment class actions in Australia...

Serious misconduct is often spoken about as though it were fixed and well understood. In practice, it is anything but static. While conduct such as theft, fraud and sexual harassment remain clear examples, case law shows an expanding and more nuanced approach to what may justify summary dismissal.

A Fair Work Commission ruling demonstrates that unclear employee statements during emotional or confusing circumstances may not constitute valid resignations. The decision in Jung Hong v Green Drake Pty Ltd examines how language barriers, distress, and ambiguous communication can transform what appears to be a resignation into an employer-initiated dismissal, creating potential liability under the Fair Work Act.

When an employee arranged rubber ducks in a pentagram formation as a workplace prank, her employer swiftly terminated her employment for alleged bullying and workplace safety concerns. The Fair Work Commission examined whether this hasty dismissal was justified, revealing critical lessons about balancing health and safety obligations with fair disciplinary procedures.

The FWC has introduced new processes to accelerate general protections claims, including early intervention and shorter conciliations, shifting the focus toward faster, settlement-driven outcomes.

The High Court of Australia determined that a non-delegable duty of care could be breached by the intentional criminal wrong doing of a third party.

Recent decisions reinforce important principles in assessing evidence & vicarious liability in relation to allegations of historic sexual abuse.

Employers should remain consistent and vigilant in ensuring that psychological safety is kept in the workplace.