The safety technician had been sent to Loiret in north west France on a business trip and while there ended up having sex with a “complete stranger”.
During the act he had a heart attack and died, and his employer – the construction specialists TSO – argued that because the liaison was not part of his work, and because he died in a different hotel room to the one which had been reserved for him, it should not be held liable for his death, reported BFMTV.
The case is now likely to be referred to the Cour de Cassation, France's highest court. Photo: AFP
The company told a previous court hearing in Meaux, to the east of Paris, that the death had “occurred when he had knowingly interrupted his work for a reason solely dictated by his personal interest, independent of his employment”, and that as a result he was no longer on a business trip.
Moreover, the death is not attributable to the performance of his work “but to the sexual act he had with a complete stranger”.
However the case has now been heard by the Court of Appeal in Paris, which ruled against the company, saying that the employee did indeed die of a workplace accident (accident du travail).