The Daily Telegraph
April 19, 2012 1:32PM
INJURIES suffered by a woman during sex on a work trip came “during the course of her employment”, a court has ruled.
A Canberra woman has scored a victory in the Federal Court, with Judge John Nicholas today setting aside an original decision not to award her compensation.
The woman had sex with a male friend on November 26, 2007 in a regional NSW motel room while on a trip for her job as an HR worker with a Commonwealth agency.
During sex, a glass light fitting fell from the wall and onto her nose and mouth, leaving her with injuries that required hospital treatment.
The woman sued for compensation, claiming that, as the room was arranged and paid for by her employer, the sexual activity came “during the course of her employment.”
The court was also told that sex could be considered “an ordinary incident of an overnight stay.”
Judge Nicholas said today that “if the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation.”
“In the absence of any misconduct, or an intentionally self-inflicted injury, the fact that the applicant was engaged in sexual activity rather than some other lawful recreational activity while in her motel room does not lead to any different result.”
“The court declares the injuries suffered by the applicant on 26 November 2007 were suffered by her in the course of her employment,” Judge Nicholas said.
Comcare, the government’s workplace safety body, has been ordered to pay her court costs.
Article source: www.dailytelegraph.com.au