ARTICLE · 09 NOVEMBER 2025

Dismissed by ChatGPT: The decent thing to do?

Clifford Gouldson Lawyers

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When adopting the use of AI software, employers must be vigilant in reviewing all content of any AI-drafted correspondence.

AustraliaEmployment and HR

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In a recent decision by the Fair Work Commission, Commissioner Redford has found that an employer who used ChatGPT to draft his redundancy correspondence failed to meet the standard of "basic decency". Significantly, Commissioner Redford distinguished the employer's conduct from 'ignorance which may result from a small business not having access to human resources expertise'.

Hayley Lord v Millet Hospitality Geelong Pty Ltd [2025] FWC 2740

In this case, the modern Award that covered the employee's employment stipulated that she was entitled to be consulted about the effect of any decision to make her position redundant, prior to any final decision about her redundancy being made. Despite the employer asserting that consultation was offered, the Commission found that the employer did not do so.

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