In a case highlighting the growing intersection of artificial intelligence and employment law, a senior technical writer at the HR platform Employment Hero was made redundant. The company justified the decision by stating it had replaced the content the employee produced for its online “help centre” with “automated workflows and AI.” While the writer sought to challenge the termination, he missed the standard deadline to file an unfair dismissal claim. In a crucial procedural decision, the Fair Work Commission (FWC) declined to grant an extension of time, effectively preventing the case from being argued on its merits.
So we are yet to get any new insights on AI redundancies.
The FWC only tends to extend the 21-day deadline if there are exceptional circumstances. It is not sufficient simply that the application was late. The employee needs to show why the delay was not their fault (or was caused by something outside their control), that they acted as soon as possible once aware, and that allowing the extension will not unreasonably prejudice the employer.
| For employees | For employers |
|---|---|
| Must keep a sharp eye on deadlines for unfair dismissal claims (21 days). If you miss that, applying for extension is not guaranteed. | If making roles redundant via automation/AI, ensure records are precise about when the dismissal takes effect, and provide clear communication. |
| If there’s any uncertainty about when the dismissal is effective, get legal advice early, consider whether you have grounds for extension. | Be proactive about redeployment and documenting any opportunities or why redeployment wasn’t possible. Recognise that using AI may change the operational requirements, but doesn’t automatically satisfy all redundancy/genuine redundancy criteria. |
| If your employer replaces your role with AI / automation, that can be a valid reason for redundancy, but you can challenge whether the redundancy process was fair, genuine, and whether the timing and consultation were proper. | Employers should ensure consultation obligations are met (if applicable Award or EA), give notice, explain rationale, offer redeployment, etc. Also manage communications so that employees have a clear understanding of what is happening. |
