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!
If you’re looking for job vacancies in Basingstoke, working with a local recruiter like Wote Street People could be very rewarding because we have the local business knowledge that might lead to opportunities for you to meet with companies face to face. However, there’s nothing more annoying than registering for job vacancies in Basingstoke with[…..]
Local recruitment agency, Wote Street People, won Student’s Choice at the recent Skills Tree Awards. The ceremony was held at BDBC Council Chamber on 7th November and organised by Basingstoke Consortium; an education charity that works with the area’s young people. Their goal is to help students gain the skills and confidence for adult life[…..]
What is it used for? A CV provides an overview of your working life so far. However, it doesn’t need to be restricted to just your working life. If you have achievements or interests outside of work that may have a bearing on your application – write about them. Now is not the time to[…..]
PREPARATION PREVENTS POOR PERFORMANCE Put yourself ahead of the rest and research thoroughly prior to your interview. Run through the Job Description and familiarise yourself with as many duties as possible. Pay attention to any Person Specifications and note what the company are looking for in a person. Look at the company website (provided by[…..]
I don’t know about you, but it seems the minute the mid-Summer Solstice has happened we start thinking about Christmas. Who’s going where and when. Who wants what, who doesn’t want anything and who is going hide in their bedroom all day. You may think this is all a bit early. However, many of our[…..]