IN BRIEF
In a decision which has divided legal opinion, the High Court
has made a ruling as to what is meant by the expression "in
the course of employment". The High Court considered this
expression in the case of Comcare v PVYW [2013] HCA 41 in the
context of a workers' compensation claim brought by an employee
who was injured during sex in a motel room. The High Court by a
majority, upheld an appeal by Comcare and determined that no
compensation was payable.
THE FACTS
In 2007 a Commonwealth Government employee was required for work
purposes, to travel to a country town and spend the night in
accommodation chosen and paid for by her employer. During the stay
the employee arranged to meet a male friend who lived in the area
for a meal. After enjoying dinner together the employee and her
friend returned to the motel. Whilst at the motel the couple
engaged in sexual intercourse. In the process, a glass fitting was
pulled from its mount which struck the employee
