Today the
High Court held that a Commonwealth government employee who suffered injuries
whilst engaging in sexual intercourse in a motel room, booked by her
employer while she stayed overnight in a country town, could not recover
compensation for her injuries.
In Comcare v PVYW the respondent had been
required by her employer to work for two consecutive days in a regional town
away from her ordinary place of residence.
She stayed in a motel which booked by her employer. There, she engaged in sexual intercourse with
an acquaintance. In that process, a
glass light fitting above the bed was pulled from its mount and struck her on the
face, causing her physical injuries and a subsequent psychological injury. She sought compensation from Comcare, arguing
that her injuries were suffered "in the course of" her employment and
that she was, therefore, entitled to compensation.
By
majority, the High Court held that in order for an injury sustained in an
interval or interlude during an overall period of work to be in the course of
an employee's employment, the circumstances in which the employee was injured
must be connected to an inducement or encouragement by the employer. If the employee is injured whilst engaged in
an activity at a certain place, that connection does not exist merely because
of an inducement or encouragement to be at that place. When the circumstances of an injury involve
the employee engaging in an activity at the time of the injury, the relevant
question is: did the employer induce or encourage the employee to engage in
that activity? On the facts of the case,
the majority held that the answer to that question was 'no'.
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