Employment Law
Chanel Finnigan May 5, 2025 No Comments

Let’s be honest – we have all used AI in one shape or form by now. Whether it is to draft a communication, answer a burning question or reformat something we just can’t get right, the benefits and time savings you get from AI are numerous.

And alongside us all discovering AI, so will your team, giving rise to a new wave of “experts” across almost every subject field.

More and more we are seeing complaints or queries that our clients are faced with from their employees come through to us with quoted AI responses in support. On everything from holiday pay to disciplinary processes to change processes.

So, employees are using AI platforms to inform them of their rights and to answer their employment questions.

The problem with this is that AI only responds to a specific question without taking into account the nuance, background or the specific circumstances.

We tried two common examples to see what answers we would get:

Q – Can my boss give me a warning for being sick?

AI answer:

Your boss should not give you a warning simply for being sick, especially if:

  • You notified your employer properly.
  • You provided required documentation, like a doctor’s note (if your workplace requires it).
  • Your absence falls under protected leave (e.g., under laws like the FMLA in the U.S. or Statutory Sick Leave in the U.K.).

The answer obviously isn’t NZ specific. And what about excessive absence? Or Joe who has a sick day every second Monday?

Q – What should I be paid for working a public holiday?  

AI answer:

If you work on a public holiday, you are entitled to at least time and a half pay, plus a paid day off at a later date if the holiday falls on what would otherwise be a regular working day.

This might seem accurate, but what about if you only work for two hours not a full day? You are only entitled to time and a half pay for the hours worked and the addition of “for the hours worked” can make an important difference to an entitlement.

You can see from the questions above how problematic this may become, especially if you have an employee who has read this answer and 100% believes you are doing something you shouldn’t be.

So, how do you combat the AI “experts”? And what should you do to prepare for the increase in AI use, to ensure it doesn’t cause employment problems?

  1. Be prepared – Have an AI policy and education in place in advance of needing it.

If you haven’t got an AI policy, now is the time to put one in place before you have to use it. Alongside this, education is key. Our approach is to use different platforms and enter questions different ways. This always ends in multiple different responses.

This helps your team to fully understand that AI isn’t the expert on everything. The particular circumstances of the situation matter, and they need to sense check and verify all information properly.

  1. If a problem arises – Communicate back the correct answer using verified websites or parts of legislation.

 (Home | Employment New Zealand is very helpful).

While we wouldn’t normally recommend responding to a quote with a quote, putting in writing the correct answer from a trusted source can be helpful.

Get expert advice if you need it to make sure you are 100% correct, and make sure your response is very clear. This is especially helpful if the issue proceeds to a PG (which we have seen happen), and you have the correct advice clearly documented and on record.

  1. Keep up a personal connection – Meet and talk through the problem with the employee face to face.

On the occasions when we have seen incorrect AI information used, the employees are usually feeling disgruntled, because they feel that they have been short changed or taken advantage of in some way. Having these conversations face-to-face and assuring them you will always do things correctly is important. Looking up the information from a trusted site or asking an expert’s opinion together will help to mend and strengthen your relationship. It will show that you are open to listening and solving a problem together.

As expected, AI is bringing change across all industries. And with any change, unexpected problems do arise.

We can help you front foot this with your team before it becomes an issue.

Call us now on 09 445 1077 if you need help.

Leave a Reply

Your email address will not be published. Required fields are marked *