Artificial intelligence (AI) is “changing the landscape of employment litigation” and could be contributing to a significant rise in complaints as more employees use the technology to draft grievances, according to an expert in employment law.
The Workplace Relations Commission (WRC) saw numbers of applications for complaints rise “significantly” by 44 per cent last year, from 7,316 in 2024 to 10,559.
Moira Grassick, chief operating officer at employment law and HR firm Peninsula Ireland, says this increase has resulted in ongoing backlogs and delays.
Although the WRC attributed the rise in complaints to the emergence of new and more complex areas of dispute, alongside a heightened awareness of statutory rights, Grassick says AI tools such as ChatGPT or Microsoft Copilot are making the process “more accessible to those without legal representation”.
RM Block
“Many other countries are seeing similar patterns emerging. In the UK, there has been a 39 per cent increase in the number of people filing claims against their employer, as well as long delays caused by an influx of complex, AI-generated claims.
“These global trends clearly indicate that GenAI tools have made it quicker and easier for employees to draft complaint applications and compose legal arguments,” she says.
However, employees and employers engaging in workplace disputes should “tread carefully” when using the technology, she says, noting it is causing some “serious issues” when used without any expert oversight.
“In Ireland, we’ve already seen examples of WRC cases in which AI-generated legal documents have introduced inaccurate claims, contradicting evidence, misquoted case law, irrelevant references, and even references to non-existent WRC rulings.
“AI is a useful tool, but we cannot automatically assume that the information produced is accurate,” she says.
In a case earlier this year, WRC adjudicator Penelope McGrath told a HR worker it was “not fair” to send the employer’s legal representatives on a “wild-goose chase for cases that don’t exist” after she had used AI to draft submissions.
A barrister had told McGrath they could not find some of the cases referenced, believing they may have been AI “hallucinations”.
A spokesperson for the Department of Enterprise said the WRC was aware AI tools are “increasingly being used to prepare material for employment and equality disputes and complaints”.
“As with all submissions, parties remain responsible for ensuring that information provided to the WRC is accurate, relevant and reliable,” they said, warning that although it can be “useful”, it may also generate inaccurate or misleading content.
‘You must not mislead the WRC by relying on incorrect, invented or unverified authorities, quotations or factual claims’
— Updated guidance from Workplace Relations Commission
The WRC published updated guidance on the use of the technology in May, warning that wrong or misleading legal information “may harm your case”.
“You must not mislead the WRC by relying on incorrect, invented or unverified authorities, quotations or factual claims,” the guidance says.
It warns that such errors can weaken arguments, cause delays and create extra work for adjudicating officers. In “serious cases”, it can affect how reliable or credible evidence and submissions are viewed.
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The spokesperson said the WRC will continue to monitor developments in the use of AI in the dispute process and is “keeping the matter under review”.
Grassick recommends examining documentation thoroughly before submission, ensuring “you can stand over every detail, description and reference to case law”.
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