Edge Legal
No, according to the FWC in Wibmer v Fujifilm Data Management Solutions Pty Ltd, where they found that an employee’s persistent and escalating use of AI‑generated complaints in response to a resolved bullying issue rendered the employment relationship untenable. Critically FWC recognised that whilst employees are entitled to raise and pursue concerns, an obsessive and unreasonable refusal to accept outcomes — particularly when coupled with dishonesty — can justify dismissal because there is no longer the mutual trust and confidence in the employment relationship.
Our Take
We get it – everyone is sick and tired of AI at the moment. It appears we are seeing people use it for more evil than good. But this case is more than just an AI issue. It is something broader and we think it is good new for employers.
Whilst a number of commentators have focused on the problems with employees using AI generated content, we think the case is better relied on for its confirmation that ANY unreasonable or inappropriate complaint conduct by an employee is not legitimate and shouldn’t be unnecessarily tolerated just because it comes under the ‘guise’ of a genuine complaint.
FWC accepted that the employer had acted reasonably by investigating the employee’s bullying complaint promptly and appropriately, including considering the context of the incident and the apology offered. Once that process was finalised, the employer was entitled to move on.
Instead, the employee became unreasonably fixated on the issue. He was unable to accept any outcome other than on his terms. His barrage of AI‑generated, pseudo‑legalistic communications crossed the line from legitimate complaint‑raising into unmanageable and disruptive conduct. His communication was not a genuine attempt at resolution but instead fell into that all too familiar AI-generated misplaced aggression which also contained many factual errors and showed poor judgment.
Taken together, the conduct justified the employer’s conclusion that the employee had become “ungovernable” and that the employment relationship was no longer viable.
Action Steps
Set clear boundaries around acceptable conduct when raising complaints, including tone, volume of communications and respect for outcomes.
Conclude investigations decisively and communicate clearly when a matter is closed.
Address fixation early - particularly where an employee refuses to accept reasonable outcomes and escalates unreasonably.
Do not be deterred by AI‑generated correspondence - assess the substance and impact of the conduct, not its polish.
Treat dishonesty seriously - especially where time records or other trust‑based systems are misused.
Document escalation and impact - so decisions about misconduct or dismissal are grounded in evidence.
