KI - Ethik - Recht DOI: 10.38023/b4812f30-6e4a-4347-8244-dff856d0b316

Automating employment disputes

A case selection framework

Andrej Krištofík

Anna Blechová

Zitiervorschlag: Andrej Krištofík / Anna Blechová / , Automating employment disputes, in: Jusletter IT 20. Februar 2025

The increasing volume of legal disputes, particularly within labour law, has overburdened judicial systems, extending case durations and undermining legal certainty for affected individuals. Recent technological advancements offer potential solutions for alleviating this load through automation and augmented decision-making processes. However, the integration of technology in labour dispute resolution must be approached cautiously, adhering to principles such as Susskind’s maxim, which emphasizes that any technology deployed should substantively improve legal processes. This article explores a structured framework for deploying automation within labour law, identifying case types suitable for automation based on factors like legal and technological complexity. It outlines the need for a multi-tiered approach that escalates from negotiation to binding decisions, tailored specifically for less complex, high-volume cases. The framework also highlights critical legal considerations, such as safeguarding fundamental rights, procedural due process, and human oversight, ensuring that automated systems do not compromise these protections. By establishing pilot cases within a controlled environment, we aim to ensure that the technology‘s application not only enhances efficiency but also respects legal standards and safeguards human dignity and autonomy in automated labour dispute resolution.

Inhaltsverzeichnis

1. Introduction
2. Process of automation – way of thinking in specific cases
3. Case selection framework
- 3.1. Legal considerations
  - 3.1.1. Fundamental rights issues and technological due process
  - 3.1.2. Legal complexity
- 3.2. Technological considerations
4. Conclusion