Powered by
MOMENTUM
MEDIA
The unfair dismissal process has gone digital in a move against AI applications and resulting administrative burden, but lawyers are warning that faster processes won’t dismiss employer accountability.
Further to the recent commencement of the Fair Work Commission’s AI Guidance Note, the workplace relations tribunal has also recently digitised the MyFWC portal to allow for dismissal cases to be managed online from beginning to end.
According to the commission, this will provide quick access to case material and make it easier for applicants to be updated on the status of their case.
Additional online capabilities include access to the contact details of parties and representatives, access to case documents, ongoing uploading capability, access to directions, decisions and orders issued by commission members, and the ability to view and access proceedings.
HR Leader spoke to employment lawyers to examine what the digitisation of the dismissal process means for the commission, employers, and judicial outcomes.
Kingston Reid partner Christa Lenard said the portal’s expansion “is a sensible and welcome modernisation”, adding that the centralised, digital capability should provide greater visibility and structure for everyone involved in commission proceedings.
Lenard explained that the update brings the commission closer to “the approach we are accustomed to seeing in the superior courts, where the documents and key procedural information relating to a matter are held in one central place”. She added that this is likely to reduce some of the administrative friction from filing and managing proceedings.
While Lenard accepted there may be some initial additional procedural demands on self-represented applicants, she said the degree of formality is both appropriate in litigation and unlikely to substantially impact access to justice.
According to Dentons’ workplace relations specialist and employment lawyer, Paul O’Halloran, the FWC’s expanded MyFWC portal partially addresses the ongoing challenges faced by the commission.
The tribunal, he said, “has long faced pressure from high volumes of unfair dismissal applications and the administrative burden of managing paper-based processes”.
“Full digitisation streamlines case management and should reduce delays to some extent, but it’s a question of degree. This really does nothing to reduce the number of claims being filed or improve the quality of non-meritorious applications lodged, which is the main issue that I see as a corporate defence lawyer,” he said.
Clio APAC general manager Denise Farmer agreed with this sentiment, noting: “Digitisation can streamline how claims are managed, but it can’t resolve questions around jurisdiction, whether an application has been brought correctly or the legal obligations and deadlines that still sit behind it.”
Farmer also acknowledged that the digitisation should make it easier for applicants and lawyers to access documents and manage the matter, reducing administrative friction on this side of the process.
However, O’Halloran warned that increased accessibility “can cut both ways”.
Noting the potential for less desirable outcomes, he said: “While it empowers applicants, it may also lower the barrier to lodging claims, potentially increasing application volumes over time.”
As with the potential accessibility implications of the FWC’s AI Guidance Note, O’Halloran noted that the online focus risks digital exclusion, particularly for those without reliable internet access or digital literacy. In the same way, technical outages could prove a legal issue should they disrupt time-sensitive proceedings or deadlines.
In this way, O’Halloran urged employers to familiarise themselves with the portal and updates to response deadlines, document uploads, or procedural steps.
“Employers should ensure their HR and legal teams are registered and comfortable navigating the platform to avoid missing critical deadlines,” he said.
Lenard highlighted access management as the immediate issue for HR teams.
She said: “Accounts are individual rather than generic organisational accounts, so employers should make sure that responsibility for each matter is clear, the appropriate people have access, and case oversight does not depend upon one individual account holder. This is particularly important when employee take leave or move roles.”
Farmer reinforced the importance of leadership and accountability, adding: “Someone still needs clear responsibility for monitoring matters, responding with[in] the required time frames and making sure the information being submitted is accurate.”
“Making legal processes more accessible is an important step forward. As access improves, it’s equally important that people understand the legal process itself can still be complex and know when legal judgment and advice are needed.”
