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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.
Project ID: 40414906
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17 freelancers are bidding on average $178 AUD for this job

Hello, my name is Attorney Umar Ghazalli. I provide online legal support to self-represented litigants assisting with legal drafting, research, and procedural matters. You may search “Attorney Umar Ghazalli” online to review my professional background and experience. I am an experienced legal draftsman and legal researcher, handling legal correspondence, in-depth legal research, and the drafting of court documents and forms. My work is prepared in precise legal language and supported by relevant statutes, regulations, and case law where appropriate. With over 20 years of professional legal experience, I focus on accuracy, clarity, and practical legal strategy. I am confident you will find the quality of my work reliable and effective. Regards.
$250 AUD in 1 day
7.8
7.8

With my comprehensive legal and research background, I'm your ideal candidate for this project. I have over 13 years of experience working in various legal capacities, including paralegal work, that honed my Employment Law expertise. Additionally, being proficient in database management, it's essential to note that I have access to a variety of prominent legal databases across Australia. Needless to say, I'm accustomed to ensuring the most accurate and up-to-date information for clients, especially in high-stakes situations like yours. Your case is compelling – shedding light on the often-overlooked nuances within the realm of fair employment practices. By leveraging my well-honed research abilities, I'll locate and analyze relevant precedents from the Fair Work Commission and Federal Court to bolster your argument on remedies for injured or unfit workers. I understand the restrictive budget you mentioned, but rest assured that it in no way affects the quality or dedication of my work. Combining both my academic qualifications with practical experience, I can offer an attractive balance of competence and cost efficiency. This is a pressing matter and I'll prioritize your project immediately while maintaining open communication at all stages of the process. Consider hiring me to maximize your chances of a successful outcome and deliverance from any unfair practices faced by incapacitated workers.
$200 AUD in 1 day
6.8
6.8

As a seasoned Attorney, Legal Researcher, and Litigation Writer with over a decade of hands-on experience in a wide range of legal matters, I am confidently equipped to take on your project. My expertise in Employment Law, specifically addressing unfair dismissal cases and workers' compensation disputes as described in your project, gives me an edge in identifying relevant case law. By engaging my services, you benefit from my comprehensive knowledge of the legally nuanced landscape surrounding employee rights and remedies. My previous works include painstakingly researching case law libraries to establish precedents in situations similar to yours - instances where dismissal was assessed as unfair but formal remedies were refused. In addition, I have addressed numerous cases where potential future capacity to work impacted compensation awards. I understand your need for immediate assistance, round-the-clock accessibility and flexibility despite budgetary restrictions. I assure you that I am capable of meeting these demands while delivering exceptional outcomes. Prompt communication is my forte - clear your doubts or provide necessary updates for the time-sensitive nature of your project - I'm just a call or message away, ready to provide personalized research results and valuable insights that align with your unique case details. So let’s team up and make sure injustices are remedied fairly!
$200 AUD in 1 day
6.3
6.3

Hello, As an employment law research specialist with experience in Australian unfair dismissal jurisprudence, I conduct targeted, precedent-driven analysis across Fair Work Commission and Federal Court decisions. I am proficient in databases such as Lexis Advance, Westlaw AU, Jade, and AustLII, enabling efficient identification of nuanced authorities on remedy and incapacity. I can locate and analyse cases addressing each of your key questions, including distinctions between findings under s.387 and remedies under s.390, application of s.392(2)(c) in incapacity scenarios, and decisions where dismissal based on capacity was deemed unfair due to failure to allow recovery time or consider reasonable adjustments. I will also examine the interaction with workers’ compensation and psychological injury claims, including how compensation impacts remedy calculations. Deliverables will include a structured memorandum with cited authorities, concise case summaries, and practical insights tailored to your facts. I am available to begin immediately and communicate as needed. Regards, MARTIN k
$200 AUD in 2 days
6.4
6.4

Hello, I reviewed your project and it aligns well with my experience in legal research and employment-law analysis. I understand your objective is to challenge the assumption that incapacity eliminates access to remedies, and to build a strong case-law foundation across FWC and Federal Court decisions. I can assist in identifying and synthesizing precedents that clearly distinguish between a finding of unfair dismissal under s.387 and the availability (or denial) of remedies under s.390 and s.392, including nuanced reasoning used by the Commission. My approach is highly targeted, mapping each of your research questions to relevant statutory provisions, extracting leading and supporting cases, and presenting them with concise summaries, ratio, and relevance to your argument. I will also highlight trends in how incapacity, reasonable adjustments, workers’ compensation, and psychological injury are treated in both findings and remedies. *Databases & Tools: I am proficient in structured legal research using platforms such as Westlaw, LexisNexis, and open-access Australian resources including AustLII, ensuring comprehensive coverage even within budget constraints. You will receive a well-organized research brief with case summaries, key extracts, and direct relevance to each issue you’ve identified, ready for practical use. I can start immediately and remain available for ongoing coordination as required.
$180 AUD in 2 days
4.0
4.0

Affordable, Early Delivery. ★★★★★★★★★★★★★★I hold a Masters degree which gives me the requisite background to handle writing from various subjects. I am a highly committed person towards my work. You can rely on QualityXenter for quality and consistency in writing. We never violate copyright rules. I have vast amount of experience in this industry since I am working from 2015 as a professional writer. I provide many modifications till to get your satisfactions. I have access to enough journals to use in your research project. I always produce quality work at VERY LOW RATES so, don’t worry if you have a low budget for your work, I will be very happy to make a new client like you. I am producing quality work for my clients including ARTICLE WRITING, REPORT WRITING, ESSAY WRITING, RESEARCH PAPERS, BUSINESS PLAN, TECHNICAL WRITING, MATLAB, THESIS, ACCOUNTING & FINANCE work ETC. Go through my profile link https://www.freelancer.com/u/qualityxenter
$30 AUD in 1 day
3.5
3.5

I can assist with this as a focused, high-level legal research project targeting Fair Work Commission and Federal Court precedents on dismissal during incapacity and the availability of remedies. I will structure the research around your key questions—examining how findings under s.387 (harsh, unjust or unreasonable) interact with remedies under s.390 and s.392, including situations where unfairness is established but no compensation or reinstatement is awarded. The work will also cover thresholds for “valid reason” based on incapacity, employer obligations around reasonable recovery time and adjustments, and how these factors influence outcomes. You will receive a clear, well-organised case law brief with relevant authorities grouped by issue, concise summaries, key extracts for direct use, and practical insights into how the Commission and courts approach incapacity, workers’ compensation, and psychological injury in dismissal cases. I can start immediately and tailor the research closely to your factual scenario, ensuring it is directly usable for your legal strategy.
$250 AUD in 7 days
3.0
3.0

I can assist with targeted legal research on Fair Work Commission and Federal Court precedents regarding dismissal during incapacity and the availability of remedies. I will identify relevant cases addressing unfair dismissal findings, compensation despite incapacity, and the role of workers’ compensation and psychological injury. I can start immediately, work efficiently within your budget, and provide clear, practical case summaries tailored to your situation. Could you please share the key facts of your case, including the nature of the injury, timeline of dismissal, and any workers’ compensation status, so I can target the most relevant precedents?
$100 AUD in 7 days
1.5
1.5

As an accomplished legal professional with over 7 years of experience in legal analysis and research, I am confident that I am the right person to tackle your demanding project. My extensive knowledge in legal matters combined with my research capabilities makes me the perfect candidate to uncover the relevant case laws you need. I have a proven track record of delivering high-quality research work that is both comprehensive and tailored to specific needs. With more than 500 projects successfully completed - including several legal research assignments, I have honed my skills in identifying and analyzing crucial precedents. In studying the vital questions raised by your project, I can offer a unique perspective: not only do I comprehend the intricate frameworks involving unfair dismissals and workers’ compensation, but I also possess a comprehensive grasp on related intersectionality issues such as discrimination in the workplace. The case law examples you're requesting are intriguing and they examine fundamental facets of worker's rights; by deciphering their complexities, I believe we stand a good chance to challenge existing notions effectively. Partner with me on this project; together we can make a lasting impact on understanding fair compensations for workers despite their injuries or incapacities. Thank you for considering my application – Naresh
$200 AUD in 1 day
0.0
0.0

Hello, I can undertake this brief immediately. I hold a law degree and specialise in employment and industrial relations research across FWC and Federal Court jurisprudence. I have experience isolating s.387 findings from s.390 remedy outcomes, analysing compensation logic under s.392 including incapacity scenarios, and mapping how medical evidence, reasonable adjustments, and workers compensation interplay with remedy availability. I can identify authorities supporting unfairness without remedy and cases recognising loss of chance or future capacity. I use AustLII, Westlaw AU, and LexisNexis AU proficiently. I am available on mobile at all hours. Please confirm deadline and preferred format.
$140 AUD in 1 day
0.0
0.0

I have reviewed your project and can deliver specialized legal research into Fair Work Commission and Federal Court precedents on remedies for workers dismissed while incapacitated. My work will cover findings vs. remedies, compensation despite incapacity, thresholds for dismissal based on recovery/adjustments, and the impact of workers’ compensation payments. You’ll receive a curated case list with citations, analytical notes, and a practical memo linking precedents to your arguments. I am proficient in all major referencing styles (APA, MLA, Chicago, Harvard, Oxford, Vancouver) and will provide plagiarism‑free work backed by Turnitin AI and similarity reports for full transparency. I can start immediately, work flexibly, and communicate via mobile as required. Contact me for samples of prior legal research work to assess quality before proceeding.
$30 AUD in 1 day
0.0
0.0

Dear client from Caulfield, I am an international lawyer with 15 years of experience, serving clients from various jurisdictions, including individuals and businesses in the U.S and Europe. I can assist you in preparing the best possible piece of research for this case. Research and legal writing are part of my daily work; I draft reports, writs, motions, and appeals for courts, reports for companies and people, on the grounds of solid research. As is your intuition, most jurisdictions do not establish an automatic right of dismissal for the employer, but rather establish some treatment period that should be paid by the employer. After this treatment period, a medical professional establishes the permanent incapacity to return to work, and then the contractual relationship is formally finished after a negotiation between the parties. That is the proceeding according to bona fide. So, essentially, your project is related to the role of bona fide in the Australian incapacity jurisprudence. I hold dual master's degrees in law from the University of Heidelberg, Germany, and the University of Chile, along with a Master's in Employment Law from the University of San Marcos. Throughout my career, I have gained the sharp legal insight needed by handling over 500 litigation cases. Truly yours, Javier
$250 AUD in 5 days
0.0
0.0

Hi there, This is a really compelling angle. Challenging the presumption that ongoing incapacity automatically kills a claim for a remedy requires some very targeted digging, especially to successfully separate the finding of unfairness (s.387) from the appropriateness of the remedy itself (s.390). My background in litigation requires exactly this kind of deep-dive legal research. I'm very comfortable navigating case law databases to find nuanced precedents—like the FWC's treatment of "loss of a chance" for compensation, or instances where an employer's failure to wait for recovery or make reasonable adjustments invalidates the incapacity as a "valid reason." I completely understand you're operating outside a law firm on a strict budget. I'm happy to work efficiently within your cap to get you the specific case law you need to build this argument. I can start immediately, and I'm totally fine with out-of-hours mobile communication so you can brief me on the facts and I can keep you updated on what I'm finding. Let me know when you're ready to share the case details so I can hit the ground running today. Best, Prima
$50 AUD in 1 day
0.0
0.0

Caulfield, Australia
Member since May 3, 2026
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