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Your email address will not be published.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
07 Dec 2018

Simply having a wonderful Christmas time? Festivities at work, unwrapped

As recruitment agency in Basingstoke, we love to meet up with other local businesses to build relationships and discuss current topics that affect us all. During our latest peer group discussion, the conversation soon turned towards the issues that can arise at Christmas… Professional party-goers Work Christmas parties are the ideal opportunity to celebrate and[…..]

Latest Posts
30 Nov 2018

Keeping up with Google

Who can remember life before Google?! Once upon a time, if you were looking for a job in Basingstoke you’d go to the yell.com website to search for a phone number…or maybe even scour the Basingstoke Gazette, community noticeboard, Thomson directory or Yellow Pages. These days, Google is so ubiquitous it’s basically become a verb.[…..]

Latest Posts
12 Nov 2018

Recruiting for Basingstoke jobs? Remote working could help you find the right person – and keep them

Once the butt of many a joke, these days Basingstoke has shaken its ‘Boringstoke’ image of old and it’s thriving. A steady stream of development over the past decade has put the Hampshire town firmly on the map for many big businesses and retailers. The impact on employment in the region has been hugely positive[…..]

Latest Posts
19 Oct 2018

Time’s up on discrimination: top tips for becoming a more inclusive employer

Unless you’ve been living on Mars, you’ll be aware that gender bias is a hot topic right now. Equality in the workplace is under greater scrutiny than ever before, industry-wide. The spotlight is shining on businesses to change how they recognise gender and to improve opportunities – for everybody. Implicit gender bias within the recruitment[…..]

Latest Posts
05 Oct 2018

Taking action on mental health and wellbeing in the workplace

October 10th, 2018 marks World Mental Health Day, providing another opportunity for all of us to tackle the stigma around mental health at work; opening the discussion around what more can be done to make mental health and wellbeing a higher priority for employers of full-time and part-time jobs in Basingstoke. The theme of this[…..]