What Has the WRC Said About AI Use?
The Workplace Relations Commission has already recognised the growing use of AI in employment-related submissions.
In 2025, the WRC published Guidance for Litigants on the Use of AI Before the WRC, which outlines important principles around the responsible use of AI in complaints and submissions. The guidance makes clear that parties remain responsible for any material submitted, even where AI tools have been used to assist in drafting. (workplacerelations.ie)
The WRC guidance highlights several important risks, including:
inaccurate or fabricated legal citations,
misleading factual content,
confidentiality and data protection concerns,
and submissions that the individual cannot fully explain or stand over.
Importantly, the WRC states that individuals may be asked to explain or clarify submissions made using AI and remain accountable for the accuracy of the information provided.
While this guidance applies specifically to WRC proceedings, many of the practical principles are highly relevant within workplace grievance and investigation processes.
What Does This Mean for Employers?
The key point for employers is that the use of AI should not automatically undermine the credibility of a complaint.
Employees may use AI for many legitimate reasons, including:
difficulty expressing concerns,
lack of confidence in writing,
or a desire to present issues more clearly.
However, problems arise where the complaint process becomes focused on AI-generated language rather than the underlying workplace issue.
Employers should avoid becoming distracted by legal terminology or assumptions that a complaint is "not genuine" simply because AI may have assisted in drafting it.
Instead, the focus should remain on understanding:
In practice, this often requires managers to slow the process down and bring conversations back to factual workplace concerns rather than legal language.
The Practical Risks for Employers
One of the biggest risks is overreacting to the wording of an AI-generated complaint.
A grievance drafted using AI may contain allegations such as "constructive dismissal", "victimisation", "breach of constitutional rights" or "psychological injury", even where the employee themselves does not fully understand these terms.
If employers respond defensively or immediately escalate matters into formal legalistic processes, this can unnecessarily increase tension and complexity.
Equally, employers should avoid dismissing concerns because the complaint appears overly polished or inconsistent with the employee's normal communication style.
The safest approach is usually to acknowledge the complaint, meet with the employee and carefully clarify the substance of the issues being raised.
Why Employers Should Consider an AI Policy
Many organisations already have policies covering acceptable technology use, confidentiality and data protection. However, relatively few employers currently address the use of AI in workplace communications or employment processes.
As AI usage becomes more common, employers should consider incorporating practical guidance into a broader workplace AI policy.
This does not necessarily need to prohibit AI use. In reality, attempting to ban AI entirely is unlikely to be practical or enforceable.
Instead, policies should focus on responsible use.
For example, employers may wish to clarify that:
employees remain responsible for the accuracy of complaints or submissions,
individuals may be asked to explain concerns raised within grievances,
confidential or sensitive workplace information should not be uploaded into public AI platforms,
AI-generated legal references or allegations should be independently verified,
and AI should not be used to create misleading or intentionally exaggerated complaints.
Importantly, managers and HR teams should also receive guidance on how to handle AI-assisted complaints fairly and consistently.
Returning to the Core Principles
At its core, a grievance process is still about understanding and resolving workplace concerns fairly.
The introduction of AI does not change the employer's obligation to follow fair procedures, conduct appropriate fact-finding or treat complaints seriously. However, it does require employers to adapt how they approach communication and complaint handling.
The most effective organisations are likely to be those that recognise AI as a workplace reality and develop practical frameworks around its use, rather than ignoring it entirely.
For employers, the goal should not be to police whether AI was used, but rather to ensure that workplace complaints remain accurate, understandable, evidence-based and capable of being fairly assessed.
As workplace technology continues to evolve, policies, manager training and grievance procedures will also need to evolve alongside it.