Wednesday, April 25, 2012

Australia: Injured Traveling Worker Compensated

Regardless of location and setting, employers or their representative arrange for the accommodation of a traveling member of the workforce.  While the self-arranged accommodation for travel is becoming a trend nowadays among employees because of conveniences and usage of personal mileage perks. However, employers approved such travels as these relate to business.

©2012 JNTConsulting

Recently, New South Wales, Australia was in the front of newspapers because a traveling worker (Human Relations Section of the Commonwealth Government agency) got injured during her travel time. Notwithstanding that she was injured while having sex with an acquaintance when a light fixture fell on her. 

New South Wales, Australia - source: travelpoint.com.au

In April 19 2012, the Federal Court Justice John Nicholas ruled that the woman was injured during her "course of employment". He added, "if the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation" and the fact that the woman was engaged in sexual activity rather than some other lawful recreational activity while in her hotel room does not lead to any different result. 

What this means to you?
1. When it is a business travel, the responsibility of the employer is not limited to the actual time when the job is being performed. 

2. Regardless of your country location where business transactions are being conducted. There is an extended responsibility of employer during the entire travel period of any member of the workforce. 

3. This result of a court case becomes a precedent.

4. While this case was in Australia, depending on your business location employers who may be influenced by their 'liability insurance underwriter' may now create a travel clause that will exclude injuries incurred during sexual activities while on business travel.

In the US, many employers react immediately on cases like this and employment related advisers suggest to their clients to review their travel policies.

To read the full article, please click "Worker injured during sex" 


Comments:
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About JNT Consulting
JNT Consulting Global Resources offers professional consulting and resources managementprovides workforce solutions that will achieve the "High Performance Organization" regardless of size and location.

JNT Consulting has its headquarters in San Jose, California and is "Your Partner for Growth & Development”, “Your Professional Coach”, and “Your Provider of Global Resources”. You can contact us by calling +1 650 241-3207 or visit our website.

Reference:
1 http://www.news.com.au
2 http://en.wikipedia.org
3. http://www.jntconsulting.com


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