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  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.
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