Breaking News: Hotel Sex Romp not in Course of Employment
- Oct 31, 2013
- 2 min read
Breaking News: Hotel Sex Romp not in Course of Employment
In a much anticipated decision, the High Court of Australia found today that a lady who was injured during sex in a hotel on a work funded trip was not entitled to compensation.
The lady claimed workers compensation entitlements under the Comcare scheme after she was injured during sex.
“The worker claimed that she was injured during the course of employment because she was staying over night in a hotel due to work” explains Vizzone Ruggero & Associates lawyer John Vizzone.
“Under the Comcare scheme, Commonwealth employeees and until recently all other employees, are entitled to workers compensation where they suffer injury that is in connection to their employment therefore an injury incurred to or from work could invoke workers compensation rights”, added Vizzone.
The lady was successful before the full bench of the Federal Court before having the matter overturned today by the High Court of Australia.
The Court has stated:
“When the circumstances of an injury involve the employee engaging in an activity at the time of the injury, the relevant question is: did the employer induce or encourage the employee to engage in that activity?”
“Obviously in this case, the High Court has found that the activity of engaging in sex was not induced by the employer, therefore they are not liable”, explains Vizzone.
“This decision is yet another key change in the workers compensation field. It is important that claimants get sound legal advice before commencing claims”.
To read more about the case click below:
If you have any query regarding this article or this subject matter do not hesitate to contact John Vizzone 02 9667 1271 or john.vizzone@vrtlawyers.com.au
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