Maguire Legal is excited to announce that Eda Gül and Paul Maguire have been invited to present their paper, A Fair Go All Round: Extending ‘Proper Basis’ Certification to Unfair Dismissal Claims, at the 11th ILERA Asian Regional Congress 2026, taking place in Japan from 3 to 5 September 2026.
The paper examines whether Australia’s unfair dismissal jurisdiction remains equipped to deliver quick, informal and low-cost workplace justice in the age of generative artificial intelligence (GenAI). Australia’s unfair dismissal system is designed to ensure a “fair go all round” for both employees and employers, with accessible procedures, low filing fees, and the ability for many applicants to self-represent. The paper argues that GenAI has changed the practical conditions under which claims are now prepared and filed, making it easier to generate persuasive, form-ready applications that may lack a proper factual or legal foundation.
The paper considers the rise in Fair Work Commission lodgements, the operational pressures identified by Justice Hatcher, President of the Fair Work Commission, and the limits of existing procedural controls. It argues that a carefully adapted proper basis certification requirement, drawn from Australian civil procedure and modified for the self-represented tribunal context, could help reduce GenAI-amplified unmeritorious claims while preserving access to justice for genuine claims. In doing so, the paper asks how Australia can protect tribunal capacity, reduce unnecessary cost for respondents, and continue to safeguard the uniquely Australian commitment to “a fair go all round”.
Readers interested in this topic are invited to download the full paper linked below. We also welcome your thoughts and reflections. Please feel free to contact Eda Gül or Paul Maguire using the email addresses listed in the paper.
