Category Archives: Accidents at work

Sex activity is ‘in every way a personal choice’ – the Solicitor-General of the Commonwealth of Australia submits

An female public servant claimed against the Australian Federal Government for injuries suffered during sex in a motel bedroom on a work trip. Evidence suggested that the woman was injured when a glass light fitting came away from the wall above the bed striking the employee in her face causing both physical and psychological injuries.

The employee may be compensated for her injuries by her employer if her injuries are suffered ‘during the course of her employment’.

The majority held at [38] that: ‘when an activity was engaged in at the time of injury, the question is: did the employer induce or encourage the employee to engage in that activity? When injury occurs at and by reference to a place, the question is: did the employer induce or encourage the employee to be there? If the answer to the relevant question is affirmative, then the injury will have occurred in the course of employment’.

In the circumstances, the sexual activity was outside of the employee’s course of employment.

If you have suffered injury at work you may be entitled to compensation from your employer. Please see our ACCIDENT AT WORK CLAIMS page for more information.

Please contact us today for a free assessment of your claim.

Obesity ‘could be be a disability’ – the European Court of Justice ruled

The European Court of Justice in Luxembourg considered the case of Mr. Karsten Kaltoft – a Danish child minder who alleged that he had been fired for being severely overweight.

Stating that obesity could have an adverse effect on an employee’s ‘full and effective participation’ at work, the ECJ ruled that being severely obese may in fact constitute a disability.

If you feel like you have been discriminated against at your workplace due to your weight, please contact us for a free consultation on your legal position.