Jessamy Kenny

Jessamy Kenny

K&L Gates LLP

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Latest Publications


The Danger of Assumptions When Dealing With Ill and Injured Employees

A recent decision made by the Federal Circuit Court (Court) provides a timely reminder of the need to take care when making decisions about the ongoing employment and duties of ill and injured employees. The decision also...more

7/16/2015 - Breach of Contract Disabilities Disability Discrimination Disabled Employment Contract PTO Sick Leave Wage and Hour Workplace Injury Workplace Safety

Human Rights at the Pub: The Expanding Scope of Sexual Harassment Laws

A recent decision of the Full Court of the Federal Court (Court) has significantly broadened the concept of what constitutes a 'workplace' by finding that a contractor sexually harassed an employee in various locations,...more

9/10/2014 - Australia Corporate Counsel Employer Liability Issues Harassment Popular Sexual Harassment

Compulsory Drug and Alcohol Testing on Victorian Government Construction Sites

Victorian construction companies will be required to implement comprehensive drug and alcohol testing procedures in order to be eligible to tender for work from the Victorian Government, according to a statement released last...more

2/13/2014 - Australia Drug Testing

Too Much of a Coincidence? Evidence of Tendency to Prove Sexual Harassment Claims

In a decision that has wide reaching implications for future sexual harassment claims, the Federal Court has found that an applicant is entitled to bring evidence of their employer acting in a similar manner towards other...more

9/27/2013 - Australia Evidence Sexual Harassment

Refusing Employee Requests to Work Part-time: Potential Risks for Employers

On 31 May 2013, in its decision in Rind v Australian Institute of Superannuation Trustees, the Australian Fair Work Commission (FWC) found that an employer constructively dismissed an employee by unreasonably refusing her...more

7/8/2013 - Employer Liability Issues Flexible Work Arrangements Hiring & Firing Part-Time Employees Superannuation Termination

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