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Australia: Public servant injured during sex ‘while at work’ to receive compensation

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Australia sex injuryAfter three legal appeals, an Australian public servant will receive compensation for injuring herself during a sex romp in a motel room. As The Sydney Morning Herald reports, the woman sued the company she was working for on the grounds that the injuries were sustained while ‘at work’.  

The woman, whose identity hasn’t been disclosed, worked for a federal government agency and sent on a work trip in November 2007. She was staying at a motel the agency booked her in and after work she returned to the room with a male friend. As they were having sex a glasslight lamp fitted above the bed came off and fell onto the woman’s face.  She sustained injuries to her nose and mouth and filed a lawsuit against the agency.

The first ruling didn’t go in her favor but the second appeal did. The federal agency then decided to take the case to court’s full bench where they argued that they were not reponsible for her injuries because they ”had not approved her out-of-hours liaison”. The three judges on the panel ruled last week that her “sexual activity” wasn’t misconduct.

The judges said: “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.


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