Thursday, October 31, 2013

Highest Court Of Australia Handles Sex On Business Trip

Trigger

This blog post is on the lighter side of life! :-)

Yesterday (10/30/2013) I read following article (German language) in my home town newspaper. Here is an English language article about it. Here is the High Court of Australia rule.

It is about a case decided by the High Court of Australia in a matter of a female public servant suing her employer (i.e. a “human relations section of a commonwealth government agency”) for injuries suffered having sex on a business trip. After a dinner together, she invited an acquaintance to her hotel bedroom to have sex.

The Employer Had To Fight Very Hard

“The Administrative Appeals Tribunal found the injuries were unrelated to her employment but, on appeal, the Federal Court of Australia set aside the tribunal's decision.
This was upheld by the Full Court of the Federal Court, which found the woman's injuries occurred in an “interval or interlude” during an overall period of work and must be considered to fall within the normal course of her employment.
By special leave, Comcare [employer] appealed to the High Court, with the matter seen as an important test case.” (emphasis added)

Incredible, in this case the lowest court made obviously the right decision, but a higher court in two separate rulings defied common sense.  You wonder sometimes about judges.

The Hotel Room Door

Well, in their infinite wisdom the supreme judges of Australia declared that the liability of the employer ends at the hotel room door. Too bad for the plaintiff! An employer is not liable for the sex games of their employees. Common sense prevailed! What a surprise!

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