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This could keep the mods busy!
If this is true then Aussie courts are as mad as ours!
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david bannister wrote:The decision of an Australian court seems to push the boundaries of "at work" beyond previous expectations:! Why? If I am sleeping in a hotel room - paid for by my employer and the light fitting collapses then I sue my employer - they counter sue the hotel - liability is joint and several is it not? The sex side of this only makes it a press worthy story and is a total red hearing IMHO, I was misled by the thread title :)
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I would have thought it was the hotel at fault not the employer.
Funny story though.
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Good point about the hotel's responsibilities but the employers being liable?
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Hee hee, how can anyone not read this thread when the word 'sex' is in the title!! Is that a first for the IOSH forums!!!
Why did she not sue the hotel??
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KAJ safe wrote:I would have thought it was the hotel at fault not the employer.
Funny story though. Hence Joint and Several I should have explained - under UK law and I assume Australian law - where several parties are involved I can choose to bring my case against anyone of them. It is then their job to sort out who pays what. The reason for this is it might be hard for me to work out who owns the hotel or they then might blame their maintenance contractor, the maintenance company might blame the manufacture of the bracket... etc etc Nothing like a reliable link to explain all - see the section under negligence law http://en.wikipedia.org/...nt_and_several_liability
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Clairel wrote:Hee hee, how can anyone not read this thread when the word 'sex' is in the title!! My thoughts exactly... I would never have bothered replying otherwise :)
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That's effective marketing...
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Could the guy claim for stess as a result of the interuption..
:)
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sorry stress...and interruption
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There was obviously a cock-up somewhere, so someone is at fault
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Risk Assessment is going to become a lot more interesting!
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safetygirl wrote:Risk Assessment is going to become a lot more interesting! I think research is needed - now I'm going to stop posting before I get moderated :)
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Already have been. Apologies if anyone took offence at my gutter-humour ;o)
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NickRoarty wrote:Already have been. Apologies if anyone took offence at my gutter-humour ;o) I missed it PM me :)
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If the bed was asingle bed Im sure the employer could have mitigated this or that it was innapropriate use of Equipment under Puwer ( Ill get my coat)
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Employer selects and pays for hotel and sends the woman there. She is at work until she returns home>
Bob
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boblewis wrote:Employer selects and pays for hotel and sends the woman there. She is at work until she returns home>
Bob Off on a frolic of her own, surely though?
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If Sex is part of her job description Yossarian then perhapse the police should be involved? or is Australian law different on this issue?
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The court decision seems to assume it is, because her terms didn't specifically prohibit it though.
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My employers steadfastly refused to consider my evening entertainment expenses claims as valid because I was no longer at work. A VAT receipt for champagne and extras was not sufficient evidence that it was work related!
Except on the one genuine occasion I took a client across a national border to a drinking and strip club when the bill was actually paid. Happy days and nights back then. Too old and worn out now.
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And to think, we had a discussion on whether or not someone was still working if unloading work equipment out of a car at their own home ?
Best bit was the link at the bottom of the link in #1 about funny signs, love the squirrel one (read the one liners at the sides of the pictures)
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Just wonder how many extra viewings this thread has received simply because its title included the word "sex". Also, just fancy, if the circumstances involved had occurred in the UK rather than Australia we might have had a "Sex and RIDDOR" thread! :-)
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Having got past the sex bit it sort of clicked. In Australia there is a system of no fault liability, which means that if you are injured at work you are entitled to a fixed level of compensation whether or not it was the fault of the employer.
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My understanding was that, if engaged in a work related activity, e.g.a business trip, your employer could be held liable for your health and safety throughout that activity, including eating meals and sleeping in an hotel room UNLESS you deviated from the work related activity to partake of strictly personal business.
I have, in the past, had the pleasure of wining and dining some very nice young ladies and was always reimbursed by my employer. For the wining and dining bit.
A memory chord has been struck ! One lady of whom I had the pleasure of wining and dining was a Belgian H&S manager, followed by a trip to the theatre. Oddly enough it was "No sex please, we're British"
Didn't work.
Drinks are on me.
Merv
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Merv - will any wining & dining scenes - and perhaps more - be included during the making of the blockbuster film "Life of Merv" based on your experiences as discussed in other threads earlier this year? Hope the film plans are going okay and that suitable locations can be found especially if there are severe budget constraints. Finding somewhere underground in the UK for the uranium mine scenes shouldn't be too difficult but finding somewhere in the UK to be sufficiently convincing for the West African rebellion scenes would be a challenge! :-)
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teh_boy wrote:NickRoarty wrote:Already have been. Apologies if anyone took offence at my gutter-humour ;o) I missed it PM me :) Private messages are subject to the same rules !!!!!!
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If she was deemed to be at work, ie working hours, then the employer would be liable. The fact that she was engaged in a er...social activity does not make any difference. She could have been eating her breakfast in bed. I do wonder why she felt the need to identify the particular activitiy in the first instance -strange?
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Ray
Triple CPD points are hereby given for devotion to duty with a christmas day posting!! Or is it just a sign of the day???
Bob
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Bob
If triple CPD points are on offer, Ray's posting today might reflect the fact that for some of us our 3 year CPD cycle is about to end and we need to be certain of having at least 30 points!!! :-)
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Bob, I would like to agree it was devotion to duty - truth is, I'm working nights over Xmas. Still, I'll take the bonus points that are on offer!
Graham, I started my new 3 year cycle in October. Hoping the 30 pts will not be a problem.
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Ray - My comments at #31 were intended mainly as a reminder to those of us, myself included, whose current CPD cycle is about to end and therefore need to ensure that we've got 30 points. If we haven't got sufficient points, I wonder (without looking at the details about CPD) what happens next - automatic expulsion from IOSH perhaps!!!!
p.s. Also I wonder how many people will look at this thread again after a break of a few days or more and be disappointed to find nothing more scintillating than a side discussion about CPD! :-)
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