The recent Labour Court judgment of South Africa Post Office Soc Ltd v Fakude N.O. once again highlighted the dangers of using Artificial Intelligence (AI) in labour law proceedings.

In this matter, a Commissioner relied on AI in issuing a ruling. The Court held as follows in respect of the Commissioner’s reliance on AI, without verifying the sources provided:

This is an untenable state of affairs and a complete failure on the part of the Commissioner to lawfully and with the expected diligence and responsibility, discharge his duties as an arbitrator under the LRA.

Earlier in 2026, the Labour Court in the matter of Molawa v Matjhabeng Local Municipality handed down judgment in respect of a Chairperson who was suspected of using AI when issuing a ruling during disciplinary proceedings. The Court held:

Whether the citations were generated by an AI ‘assistant’ or self-generated by the Chairperson himself, the result is the same: there is on face value, evidence before this Court that he failed to apply his mind to the law.

NEASA addressed a newsletter on 18 November 2025, preceding both the above judgments, in which the concerns and risks of AI were fully ventilated. 

Our continued commitment to personal, reliable and tailor-made assistance remains the same as it did from NEASA’s inception 30 years ago.

We will not expose our members to the risks of AI in the performance of our duties, and we discourage employers from utilising AI in an attempt to deal with labour matters on their own.

Should employers require reliable legal assistance, they should contact their regional NEASA Office or the 24/7 hotline at 0860 163 272.