find the latest legal job
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Adelaide CBD · Join a leading Adelaide commercial law firm
View details
Freelance Project Finance Lawyers
Category: Other | Location: All Australia
· Vario are looking for freelance lawyers with experience in project finance ideally within the renewable energy sector
View details
Vario Freelance Lawyers
Category: Construction Law | Location: All Australia
· We are looking for lawyers who appreciate the endless possibilities that a freelance career can offer.
View details
Freelance Construction Lawyers
Category: Construction Law | Location: All Melbourne VIC
· We are looking for construction lawyers who appreciate the endless possibilities that a freelance career can offer.
View details
Banking Associate - 1-6PQE - Allen & Overy
Category: Banking and Finance Law | Location: United Kingdom
· Banking Associate - 1-6 PQE - Allen & Overy
View details
No compo for woman injured during work-trip sex

No compo for woman injured during work-trip sex

The High Court has confirmed that having sex on a work trip cannot be considered part of your official duties.

Folklaw previously covered the story about the Federal Government employee who was injured while enjoying some ‘private time’ with a male ‘friend’ while on a business trip in a country town in NSW in 2007.

The woman said she was injured when a light fitting became loose and fell on her while she and her male companion were having sex.

The earth must really have been moving in that motel room...

The woman said the light hit her in the face, injuring her nose, mouth and a tooth and also causing a psychiatric adjustment disorder, according to ABC News. She was treated in hospital following the incident.

ComCare, the Government’s workplace safety body, initially accepted the woman’s claim, but they later revoked it, a decision that was upheld by the Administrative Appeals Tribunal.

However, in April last year the woman won an appeal against those decisions in the Federal Court, with her employer ordered to pay her court costs.

At that time, the judge in the case, Justice John Nicholas, said that if the complainant had been playing cards in the hotel room at the time of the incident she would have been entitled to compensation and this incident was no different.

Hmm, Folklaw is unsure if the complainant would have been playing cards quite so, ahem, vigorously...

ComCare lodged an appeal against the Federal Court decision on four grounds, including that the court was wrong in finding the woman’s injuries were caused “in the course of her employment”; the High Court accepted ComCare’s case that it was not liable because the incident happened after hours.

Federal Employment Minister Senator Eric Abetz told the ABC that the High Court ruling in the “infamous sex case” was a victory for common sense.

“This decision protects the currency of workplace safety, which was in serious danger of being trivialised by this claim,” Senator Abetz said.

“This decision also means that the definition of ‘work-related injury’ is more clearly defined.”

Hmm, Foklaw supposes it depends on the type of workplace...

However, the head of workplace law firm People + Culture strategies, Joydeep Hor, said that this ruling shouldn’t lure bosses into a false sense of security as we head into the bad-behaviour, office-party season of the Melbourne Cup and Christmas.

“I think employers shouldn’t get too excited by this High Court decision when it comes to this time of year,” he told Folklaw. “The issues that will make their way back into workplaces as a result of errant conduct, such as at Melbourne Cup celebrations and Christmas parties ... are the risks that employers have to manage very carefully.”

You have been warned!

Like this story? Read more:

Book commemorates diamond milestone for WA law society

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

No compo for woman injured during work-trip sex
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Jan 23 2018
Disrupting traditional archiving and storage methods
Promoted by Fileman TRENDS COME and go but technology and its disruption to the legal landscape h...
Scales of Justice
Jan 23 2018
WA to close ‘legal loophole’ on gender reassignment laws
Laws in Western Australia will soon change to permit married people to undergo gender reassignment s...
Lawyers take to Twitter to share career stories
Jan 22 2018
Lawyers take to Twitter to share career stories
The #mypathtolaw hashtag has been embraced by legal eagles to swap stories with the Twitter communit...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...