Legal Researcher case law
Budget: $30 – $250 AUD
I require a high-level legal researcher to identify specific precedents within the Fair Work Commission (FWC) and Federal Court jurisdictions regarding the availability of remedies for workers dismissed while totally incapacitated (injured/unfit for work).
The core goal is to challenge the premise that a worker’s ongoing incapacity to perform their role automatically precludes them from a remedy or a finding of unfair dismissal.
Key Research Questions
1. Finding vs. Remedy: Identify cases where a dismissal was found to be "harsh, unjust, or unreasonable" under s.387, but where the Commission ultimately decided that neither reinstatement nor compensation was "appropriate" under s.390. I need to establish that a finding of unfairness can exist independently of a financial award.
2. Section 392(2)(c) & Incapacity: Locate precedents where compensation was awarded to an injured worker despite a lack of current capacity to work. Are there cases where "likelihood of future fitness" or "loss of a chance" to return was used to justify a compensation amount?
3. Incapacity as a "Valid Reason": Research the threshold for dismissal based on capacity. Specifically, find cases where the dismissal was found unfair because the employer failed to wait for a reasonable period of recovery or failed to consider "reasonable adjustments" (intersecting with Disability Discrimination principles), and how this impacted the remedy.
4. Impact of Workers' Compensation: Does the receipt of workers' compensation payments affect the "remuneration lost" calculation in a way that preserves a right to a remedy?
5. Any case Law that applicable to a situation where a worker was psychologically injured due to adverse treatment, and should therefore be protected from either termination until their statutory rights under workers compensation is determined, and if not at least have access to a remedy.
I need someone who can be briefed on the facts of the case and locate all relevant case Law availability of remedy.
Need to be able to start immediately and communicate by mobile phone and out of all hours as required.
The work it’s not for a lawfirm.
We’re on very restricted budget.
Please specify which Databases you have access to in Australia and your proficiency in each one of them.
The core goal is to challenge the premise that a worker’s ongoing incapacity to perform their role automatically precludes them from a remedy or a finding of unfair dismissal.
Key Research Questions
1. Finding vs. Remedy: Identify cases where a dismissal was found to be "harsh, unjust, or unreasonable" under s.387, but where the Commission ultimately decided that neither reinstatement nor compensation was "appropriate" under s.390. I need to establish that a finding of unfairness can exist independently of a financial award.
2. Section 392(2)(c) & Incapacity: Locate precedents where compensation was awarded to an injured worker despite a lack of current capacity to work. Are there cases where "likelihood of future fitness" or "loss of a chance" to return was used to justify a compensation amount?
3. Incapacity as a "Valid Reason": Research the threshold for dismissal based on capacity. Specifically, find cases where the dismissal was found unfair because the employer failed to wait for a reasonable period of recovery or failed to consider "reasonable adjustments" (intersecting with Disability Discrimination principles), and how this impacted the remedy.
4. Impact of Workers' Compensation: Does the receipt of workers' compensation payments affect the "remuneration lost" calculation in a way that preserves a right to a remedy?
5. Any case Law that applicable to a situation where a worker was psychologically injured due to adverse treatment, and should therefore be protected from either termination until their statutory rights under workers compensation is determined, and if not at least have access to a remedy.
I need someone who can be briefed on the facts of the case and locate all relevant case Law availability of remedy.
Need to be able to start immediately and communicate by mobile phone and out of all hours as required.
The work it’s not for a lawfirm.
We’re on very restricted budget.
Please specify which Databases you have access to in Australia and your proficiency in each one of them.