Blog

  • Home
  • Health & Safety
  • From down under a decision we are sure that turned the employer 50 shades of grey!
You Are Here:

From down under a decision we are sure that turned the employer 50 shades of grey!

Posted on | Posted in Health & Safety

In Australia, in PVYW v Comcare, the Federal Court of Australia was asked to consider whether a worker of a Commonwealth Government Agency, who was injured while having sex on a business trip, sustained her injuries in the course of her employment.

The Tribunal decided that the employee’s sexual activity was not an ordinary incident on an overnight stay, such as eating, showering or sleeping. It was a recreational activity that was not “countenanced” by her employer. Therefore, her injuries were not related to her employment and were of a private nature.

However, the employee argued that the word ‘countenance’ means not only to ‘support or approve’ but to ‘tolerate or permit’. There was no positive evidence to suggest that the sexual activity was not ‘countenanced’ by the employer.

Although accepted by both parties that the employee was not encouraged to partake in such activity, there was nothing to show that the employer either approved or disapproved of such activity.

The fact that the employee was engaged in sexual activity should not be treated any differently than had she been engaged in another recreational activity such as swimming in the motel pool, for example. The Tribunal decided, therefore, that as the injuries she sustained where sustained in a motel room where her employer had encouraged her to stay, there was a sufficient connection between her injuries and her employment.

A decision we are sure that turned the employer 50 shades of grey!

Trethowans www.trethowans.com

0

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest Posts
23 Jun 2020

In the pursuit of happiness: Supporting the M3 Job Club and other community groups

Part of our culture at Wote Street is about giving back.  Our core values are: we listen, we consult, we care and that fits perfectly with all of the charities and community groups we support locally. The Pink Place – supporting people affected by cancer Basingstoke Consortium & Skillstree – helping young people to gain[…..]

Latest Posts
25 May 2020

‘Why sending your CV is the hardest way of landing a job’

Don’t get us wrong, a CV is an important tool when applying for jobs – but it’s only one of the items in your job seekers toolkit. (If you need some help developing your CV we’ve written a blog to help or feel free to give us a ring and we’ll happily review.) Getting to[…..]

Latest Posts
19 May 2020

Mental Health Awareness Week

There couldn’t be a better time for Mental Health Awareness week.  Now that the government restrictions due to the corona virus are being lifted, more people are anxious about the repercussions. It’s still out there; bosses and employees alike are trying to make the journey to work and the work environment a relatively safe place[…..]

Latest Posts
18 May 2020

Small but mighty: 3 perks of working with an independent recruitment agency that boasts a nationwide network

We connect the best-matched candidates and businesses – the people brokers. Taking the time to find the right-fit for candidates and customers alike increases the probability of candidates being happy in not only your new role but blossoming in the right company culture. And companies achieving higher staff retention, effective teams and increased staff productivity. […..]

Latest Posts
07 May 2020

What shall we learn from our enforced time together?

Tomorrow we have a bank holiday on a Friday!  Special because this normally only happens for Good Friday at Easter.  Not so special because the majority are at home already and have been for at least 7 weeks.  The Covid-19 outbreak has turned normality on its head.  As indeed did World War II, the end[…..]