WHAT’S BEING CLAIMED:
- TSO, a railway services company, was ruled in French courts accountable for the death of one of their company technicians.
- The deceased man who was hired as a security technician at TSO died of a heart attack after having sex with an unidentified woman while on a business trip at central France.
- A French insurance provider stated that since sexual encounters happen every day for anyone, the employee’s death was considered an accident occurring at the workplace.
A judge in France has ruled to hold a company legally responsible in one of its employees’ death after a sexual encounter on a business trip.
When the incident happened, the employee, who was identified as “Xavier’ in court documents, was hired as a security technician for a railway services company, TSO, that is based outside of Paris, the New York Times reported.
During a work trip in central France, Xavier apparently had relations with an unnamed woman at her home before going back to his hotel. Unfortunately, the employee died from a heart attack reportedly connected to the sexual encounter.
A French health insurance provider decided to consider Xavier’s death as a workplace accident. However, court records showed that this decision was appealed by TSO, which stated that the death of the employee happened “when he had knowingly interrupted his mission for a reason solely dictated by personal interest, independent of his job, after he has an adulterous relationship with a perfect stranger.”
But the insurance provider maintained that sexual intercourse is “a matter of everyday life,” and should be covered by insurance, just as any other behavior exhibited by other employees on a work trip. It also said that no evidence that Xavier having sex with the woman interfered with his work schedule.
Ultimately, the Paris Court of Appeal sustained the insurance provider’s original decision, saying that “it is common ground that sexual intercourse is an act of everyday life.” Due to the decision, the deceased man’s family was awarded an undisclosed compensation.
Despite the ruling in May 2019, the case still made headlines last week following French labor law attorney Sarah Balluet divulging court records on LinkedIn.