find the latest legal job
Corporate/Commercial Lawyers (2-5 years PAE)
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Specialist commercial law firm · Long-term career progression
View details
Graduate Lawyer / Up to 1.5 yr PAE Lawyer
Category: Personal Injury Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Mentoring Opportunity in Regional QLD · Personal Injury Law
View details
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
Woman sues employer for sex-gone-wrong

Woman sues employer for sex-gone-wrong

Well, it has to be said: in all Folklaw's time digging up funny or quirky stories from the depths of the world's legal shenanigan files, it has never seen one quite like this ...An obviously…

Well, it has to be said: in all Folklaw's time digging up funny or quirky stories from the depths of the world's legal shenanigan files, it has never seen one quite like this ...

An obviously clumsy public servant is making an injury compensation claim against her government employer because she was injured whilst engaged in a "sex act" while working out of town.

Believed to be a world first (now there's a surprise!), the claim has been heard in the Federal Court in Queensland.

Naturally, the employer has argued they could not possibly be held responsible for injuries obtained during obviously perilous nookie in out-of-town motels.

"In general, you would be covered if you were in another town at the employer's direction, but I doubt if a court in Queensland would regard an employer responsible for your sexual behaviour," said Brisbane-based compensation lawyer Mark O'Connor.

However, O'Connor added that an employer is responsible for ensuring that staff members working out of town are accommodated in proper, safe accommodation.

"If the boss puts you up in some dodgy place where you are injured, then they could be held liable," he said.

Hang on a minute. Does that mean the boss is responsible for ensuring that the bed in your motel won't collapse if it is used for something other than sleeping (Folklaw is merely speculating that the said "act" took place amongst the linen)? Surely not!

O'Connor said the oh-so-classy sex injury compo claim brings into focus the issue of where an employer's responsibility for staff ends.

"If an employer sends a staff member out of town for work, then the employer's responsibility does not just end at the end of the business day. The employer has a responsibility to ensure the employee is accommodated somewhere safe," he said.

"However, I think it's a stretch to suggest the employer should somehow be responsible for injuries a staff member sustains during a night-time sex session. I think the courts would in general find it difficult to accept the injury was caused during the course of the employee's work."

Well, thank goodness for that!

Folklaw waits with baited breath to see if this tale of woe has a happy ending ...

Like this story? Read more:

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

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Woman sues employer for sex-gone-wrong
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Jackie Rhodes
Dec 12 2017
Report sheds light on LGBTQI inclusion in law firms
A recent report has revealed the varying perceptions on LGBTQI diversity and inclusion in the Austra...
Women in business
Dec 12 2017
Annabel Crabb headlines Women in Business Forum
Political journalist Annabel Crabb has appeared at the Coleman Greig Lawyers Women in Business Forum...
Dec 11 2017
Warm welcome for new district court judges
Three practitioners who were appointed as district court judges in WA have been congratulated by ...
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 & ...