Introduction to Australian Legal Systems and Methods

1324 Words Feb 18th, 2018 5 Pages
Comcare required PVYW to travel for two days to another city for a work related trip.
• On the evening of 26 November, the employee (PVYW) had the evening off and was not required to work.
• PVYW was in her motel room which was booked and paid by her employer (ComCare)
• PVYW invited one of her acquaintances who lived in that area and had sex with him. While they were engaged in sexual intercourse, a glass light fitting was pulled from its mount by one of the two persons, which caused psychological and physical injuries as it struck on PVYW's mouth and nose.
• PVYW was not given any guidelines as to conduct during work related trips during off duty period.
• Respondent sought compensation from her employer Comcare under the Safety Rehabilitation and Compensation Act 1988 (Commonwealth). It was argued that she suffered injuries during the course of her employment.
Legal Issues
• The first key issue was to determine whether PVYW 's injuries were inflicted during the course of her employment or not. Since PVYW's injuries were inflicted on a work trip and also that PVYW had taken the evening off on the day of her injuries and wasn't actually working, the question arises that whether the time period in which PVYW's injuries were incurred should be considered as an…