AI and the Workplace Relations Commission: What Every Employer Needs to Know Before Using AI in Employment Disputes
Artificial Intelligence is rapidly becoming part of everyday business operations, including HR, legal research and workplace documentation. However, recent developments from the Workplace Relations Commission (WRC) and the Irish courts make one thing clear:
AI can be a valuable tool—but it cannot replace human responsibility.
Following a recent Guerin v O’Doherty judgment, the WRC has updated its guidance on the use of AI in employment disputes, reinforcing that parties remain fully accountable for everything they submit.
For employers involved in grievances, disciplinary matters or WRC proceedings, this guidance provides important lessons about how AI should—and should not—be used.
Why Has the WRC Updated Its Guidance?
The update follows concerns raised by the Irish Court of Appeal after AI-generated legal submissions included fabricated case law and inaccurate legal references.
The Court expressed concern that these “hallucinated” citations:
- Increased legal costs,
- Delayed proceedings,
- Created unnecessary work for opposing parties, and
- Risked undermining confidence in the justice system.
While the Court of Appeal has taken a strict approach, the WRC has adopted a more practical position, recognising that AI can be useful when used responsibly.
The Core Message: AI Doesn't Remove Responsibility
The WRC’s updated guidance is straightforward:
If you submit it, you are responsible for it.
Whether a document is written entirely by a solicitor, an HR professional or generated with AI assistance, responsibility for its accuracy remains with the person submitting it.
Employers should never assume AI-generated content is legally accurate without checking it carefully.
Key Risks Identified by the WRC
The WRC highlights several areas of concern for employers using AI.
1. Incorrect Legal Information
Generative AI can produce:
- Incorrect legal advice;
- Fictional legislation;
- Invented case references;
- Inaccurate quotations.
Submitting incorrect information to the WRC could significantly damage credibility.
2. Increased Costs and Delays
Where inaccurate submissions are made, opposing parties may need to:
- Verify authorities;
- Investigate false citations;
- Prepare additional responses.
This can delay proceedings and increase costs for everyone involved.
3. Confidentiality and Data Protection
Employers should think carefully before entering sensitive workplace information into publicly available AI tools.
Examples include:
- Employee grievances;
- Disciplinary investigations;
- Medical information;
- Redundancy proposals;
- Witness statements.
Some AI platforms may retain or process submitted information depending on their terms of use.
4. Credibility Before the WRC
The WRC warns that inaccurate AI-generated material may affect how submissions are viewed.
Poor-quality or misleading submissions can undermine confidence in the employer’s overall case.
What Did the Court of Appeal Say?
The Court of Appeal went even further.
It established several principles for AI use in litigation, including:
✔ AI may assist research.
✔ Users remain responsible for accuracy.
✔ Every legal authority should be independently verified.
✔ AI use should be disclosed.
Most importantly, the Court stated that parties should expressly inform both the court and the opposing party when AI has been used in preparing submissions.
The Difference Between the Courts and the WRC
One interesting aspect is that the two approaches are not identical.
The Court of Appeal
Disclosure of AI use is expected.
The WRC
Disclosure is encouraged but remains voluntary.
The WRC recognises that many individuals represent themselves and may increasingly use AI tools when preparing complaints.
AI Is Also Affecting WRC Delays
The issue extends beyond legal accuracy.
Recent commentary from employment law practitioners suggests that increasing use of AI-generated submissions is contributing to additional pressure on the WRC.
The Commission has reported:
- Increasing complaint volumes;
- More complex submissions;
- Additional time verifying inaccurate AI-generated content.
This reinforces why employers should prioritise quality over quantity when preparing submissions.
Practical Guidance for Employers
AI can be an excellent productivity tool when used appropriately.
Before relying on AI-generated employment documents, employers should:
✅ Verify every legal citation.
✅ Check legislation independently.
✅ Remove generic or inaccurate wording.
✅ Avoid uploading confidential employee information to public AI tools.
✅ Ensure HR professionals review all AI-generated content before submission.
✅ Obtain legal advice before relying on AI-generated legal analysis.
The Bigger Message for Employers
AI is changing the way employment disputes are prepared—but not the legal standards expected by the WRC.
The quality, accuracy and integrity of submissions remain the responsibility of the employer.
Businesses that combine AI efficiency with proper legal oversight will be best placed to manage employment disputes effectively while avoiding unnecessary legal risk.
How Ormonde Solicitors Can Help
At Ormonde Solicitors, we regularly advise employers on:
- Workplace investigations
- WRC proceedings
- HR policies
- AI governance in employment practices
- Employment law compliance
- Management training
As AI becomes increasingly embedded in workplace decision-making, employers should ensure technology supports compliance—not undermines it.
📞 Contact us today for confidential guidance.
Disclaimer: This article is for general information purposes only and does not constitute legal advice.
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