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Rafi Najib v MSS Security Pty Limited

Court
Fair Work Commission
Jurisdiction
Australia
Decided
2025-07-02
AI tool
Unidentified
Outcome
Application dismissed
Monetary penalty
None reported

What was hallucinated

Misrepresented: Legal Norm | Applicant relied on legal principles and cases not consonant with current authority to argue forced resignation. || Fabricated: Case Law | Applicant cited non-existent cases to support constructive dismissal; the court noted some cited cases 'do not exist'. || Misrepresented: Case Law | Applicant provided incorrect case citations; the court stated some cases were 'incorrectly cited'.

Sanction teardown · Fair Work Commission, Australia · 2025-07-02

Rafi Najib v MSS Security Pty Limited

What happened

In Fair Work Commission, Australia, a filing relied on an unnamed/unconfirmed AI tool to help draft legal argument. The court identified the following problems with the citations in that filing:

  • Misrepresented (Legal Norm)
    Applicant relied on legal principles and cases not consonant with current authority to argue forced resignation.
  • Fabricated (Case Law)
    Applicant cited non-existent cases to support constructive dismissal; the court noted some cited cases 'do not exist'.
  • Misrepresented (Case Law)
    Applicant provided incorrect case citations; the court stated some cases were 'incorrectly cited'.

Which AI tool

an unnamed/unconfirmed AI tool. Note: Charlotin's public database records tool attribution only where a court order, brief, or reporting on the matter states it explicitly; "unidentified" or "implied" means the record indicates AI use but does not name a specific product — we do not guess.

Outcome

Application dismissed

How Citation Safe would have caught this

Citation Safe runs three deterministic layers before a brief is filed: (1) does the citation exist against CourtListener's database of published opinions, (2) if quoted, does that exact language appear in the source, (3) does the cited case actually support the proposition it is cited for. Fabricated case citations fail Layer 1. Fabricated or misattributed quotations fail Layer 2 even when the underlying case is real. Misrepresented holdings — a real case cited for a proposition it does not support — are the target of Layer 3. None of these checks involve asking another language model whether the citation looks right; they are lookups and text-matches against the actual source, which is why a hallucinated citation has to survive a direct lookup against the authoritative source — not another model's opinion — to earn a VERIFIED stamp; our measured false-verify rate is published live at /quality.

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Source: https://www.damiencharlotin.com/documents/548/Rafi_Najib_v_MSS_Security_Pty_Limited_Australia_2_July_2025.pdf, via Damien Charlotin's public AI Hallucination Cases Database (CC0).

Source: https://www.damiencharlotin.com/documents/548/Rafi_Najib_v_MSS_Security_Pty_Limited_Australia_2_July_2025.pdf

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