Generative AI has contributed to a 40 percent increase in cases at the Fair Work Commission recently. A former ALDI worker, Sadnan Khan, faced criticism for using AI to inform his unsuccessful challenge against his dismissal. Research commissioned by the Fair Work Commission indicates that the rise in cases is partly due to litigants utilizing AI tools. Starting October 20, applicants will be required to disclose their use of AI, and a template to assist AI-dependent litigants has been introduced.
Khan was ordered to pay $1,230 towards ALDI's legal fees after the Commission found that he relied on AI as a 'quasi-legal advisor' despite warnings that his case had 'no substantial prospects of success.' Khan stated that he used a paid version of ChatGPT to help him understand legal cases. He acknowledged that he made mistakes, including not removing AI-generated instructions from his submissions.
The Fair Work Commission aims to assist self-represented litigants, but a report showed a significant increase in cases. Khan noted that comprehension barriers affected his use of AI, but he believes he has learned from the experience. The Commission recognized that AI can improve access to justice for applicants with legitimate claims but emphasized that AI use is not inherently problematic.
Gregory Baker, a computer science lecturer from Macquarie University, successfully challenged casual employment laws using AI agents. He described his approach as treating the legal process like a software development project. Baker noted that while AI can be useful, it requires proper context and understanding to yield effective results.
Law professor Genevieve Grant from Monash University stated that inexpert prompts lead to poor outcomes and highlighted the need for users to understand the legal issues they are querying. The Fair Work Commission has implemented new guidance requiring applicants to verify facts and disclose AI use, with potential consequences for non-compliance. Khan expressed his intention to appeal the decision despite the risks of incurring additional costs.
Macquarie University has until Wednesday to appeal the decision in Baker's case.