Australian Lady Wins Court Case After Being Injured Whilst Having Sex on a Business Trip

Author: Adi Gaskell
Published: December 17, 2012 at 5:47 am

hotel bedroomLast year news broke about an Australian lady that was suing her employer after she injured herself having sex whilst on a business trip.  It seemed one of the more absurd stories of the year, except things seem to have gotten even more absurd.

For you see it appears she's won her case.  After a five year legal battle she has been awarded compensation for the injuries she suffered.

You would think it reasonable that her health insurers argued that what went on in her hotel room had nothing to do with her job.  The court however disagreed, revealing that what she did in the evenings still counted as her being at work.

If you're not familiar with the story, the woman worked for a federal government agency and was sent to an office in New South Wales in 2007.  Her employer booked her hotel for her, within which she met up with a male friend and had her bit of fun.

During the fun however they yanked on a glass light fitting above the bed, pulling it down onto her face, injuring her nose and mouth.  As a result of the injuries, she apparently suffered depression and was unable to return to work.

Initially her case was rejected as the tribunal said that her injuries did not take place during official work duties.  However, a second appeal to the Federal Court last year was decided in her favor.

A third and final appeal was then lodged by the insurer, arguing that as her employer had not approved her out of hours tryst, they could not be held responsible for it.  It was an argument that the courts did not support.

''If the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation even though it could not be said that her employer induced or encouraged her to engage in such an activity,'' the judges said.

''In the absence of any misconduct, or an intentionally self-inflicted injury, the fact that the applicant was engaged in sexual activity rather than some other lawful recreational activity while in her motel room does not lead to any different result.''


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Article Author: Adi Gaskell

A writer on management issues for publications such as Professional Manager, CMI, HRM Today, Business Works and Technorati. I also cover social media for Social Media Today, DZone and Social Business News.

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