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!
We’ve seen a gradual increased presence of robots on manufacturing factory floors, and industries that have embraced automation have seen an increase in efficiency and productivity. There is a key concern amongst employees that the rise of robots will ensure the human worker extinct. This concern is mostly unfounded and is a result of the[…..]
As someone who has employed and trained hundreds of apprentices and supported many more into apprenticeship roles I am totally biased and a complete believer in how powerful they can be for a business, to me it is a business no brainer! When deciding whether apprenticeships will work for your business it is critically important[…..]
With Valentine’s Day happening this month, who’s in the mood for romance…or a peachy new job at least? Maybe you’re hiring and getting tired of looking for candidates in all the wrong places? Some might say that working in a recruitment agency is akin to working in a dating agency, and we’d be inclined to[…..]
One of the best parts of working at a recruitment agency is the success stories we get to witness and be a part of. Even after decades finding jobs in Basingstoke and the surrounding areas, the joy we feel when watching our candidates flourish never fades. We could all do with a dose of positivity[…..]
We won’t forget 2020 in a hurry. A tragic pandemic. Lockdowns. Unprecedented economic catastrophe. Has there been anything positive? Well, actually, yes! Behind every cloud is a silver lining, as they say. Especially when you resolve to see the glass as half full, not as half empty – as I always try to do. What[…..]