19 April 2012
A government employee who suffered injuries during a motel sex session in 2007 has won her appeal in the Federal Court, which ruled that she is entitled to compensation from her employer.

The unnamed women, who fittingly worked in human relations, claims she suffered facial injuries from a falling light fitting and also "psychiatric injury" after sex with a male friend on a work trip. Rather than slinking home with an embarrassing injury to explain away, she launched a compensation claim. According to the frisky employee, as she was on a business trip in a motel booked and paid for by her employer, the injuries were incurred during the course of her employment - just as if she had slipped in the shower. The government responded that having a shag was not a "necessary activity" and was not "obviously involved" in the requirement to stay overnight.

    A dangerous motel yesterday

Comcare, the government workplace safety body agreed and rejected her claim, as did the Administrative Appeals Tribunal. But third time's a charm and the Federal Court this week ruled that she is entitled to compensation, according to a Sydney Morning Herald report. Justice Nicholas stated that she didn't have to show that her employer had encouraged or induced her to have sex, "If the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation". And as sex is a lawful activity, she should be compensated for her injuries.

Comcare is examining the judgement and has 28 days to appeal.


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