Initially, a lawyer was supported when he told his employer that he had been sexually attacked, but that changed nine months later

When Peyton* told his workplace for the first time that he had been sexually assaulted by a third while on a work trip, his employer was very understanding.

An informal agreement was established that allows you to work part -time, but continue receiving a full -time salary.

He also paid him to see his usual psychologist.

But when he made a workers’ compensation claim nine months later, his employer, the lawyer of Personal Injury lawyers, Payne’s lawyers, disputed responsibility for the claim, and won.

“It was difficult,” Peyton said.

“I have done my best to do everything possible to direct my life.

‘Drunk’ culture at the Conference of the Union

A lawyer of about 20 years, Peyton had only been in the firm for months when she accompanied a colleague to a union conference on November 3, 2023.

His work paid for the night to stay at Grindelwald in northern Tasmania, where the conference was held.

According to a statement by Hall Payne, alcohol consumption at work is not allowed, except authorized work functions, where alcohol must be consumed in a responsible manner.

Actually, Peyton said things were very different.

“It is definitely a drunk culture (at those conferences), because I suppose it is part of the way people like to socialize,” he said.

“All who were there were having a lot of fun. Everyone was drinking. It was a very jovial atmosphere.”

His colleague left around 10 pm and dinner ended half an hour later.

Peyton continued to the back party and spoke with a man who had met earlier at night. The man did not work in Peyton’s law firm.

Around 2 in the morning they allege that she was sexually assaulted by him.

Initial employer support

Peyton took Peyton for a few days to process what had happened to him. When he did, he broke.

“I felt sick. I felt very raped,” he said.

“The fact that it happened somewhere where I was trying to do my job and be professional.

“It was simply horrible, shocking and incredible.”

Just over a week after the incident, she spoke with the company.

They told him that “at this stage” there would be no forms to complete, because the forms would require “more details to provide”, which would possibly cause him more anguish.

They also told her that the company would pay for her to see her own psychologist, instead of making her go through the employee assistance program (EAP).

Peyton said that “he cannot express” how grateful I was for the understanding and support of the company.

“Although things were already really bad and hard at that time, it could have been much worse if I had the additional burden of having to think about how I was going to pay for things or not having the flexibility of taking time free when I needed,” said.

From there, the informal agreement was in force.

A few weeks Peyton would work part -time. She also took pieces of free time.

The full salary was always paid.

During this time it was also diagnosed with acute PTSD.

Peyton decided to make a police report. Charges were never presented.

But he took his job to ask for more details. Hall Payne told him that he could complete a claim for workers compensation.

Peyton began the process and obtained a medical certificate, but said that when he saw what had happened to her written in black and white, she became “much more real.”

“I had to go to the bathroom to be sick because it was very traumatic,” he said.

Compensation claim of workers carried out

In August 2024, he noticed that there was something wrong with his payment receipt.

They had paid him only for the hours he had worked, not full time.

The psychologist’s clinic also contacted her to let her know that several invoices were outstanding.

Peyton was able to solve this with his work, but made him realize that he could need a more formal agreement.

He had also noticed, with the help of his psychologist, that he probably needed to leave his job.

Being in that workplace had become too traumatic.

She decided to file a claim that month. It meant that Hall Payne would need to continue paying his salary and any related medical expense, unless he disputed the claim.

Initially there seemed to be a problem.

Peyton found a new job and reported his work in September that would leave.

In October, a private researcher contacted her, asking for more details about the events that led to her sexual assault.

They had been employed on behalf of the Hall Payne Qbe Insurance insurance company.

In November 2024, he was notified that QBE insurance on behalf of Hall Payne would dispute his claim on the basis that sexual assault did not arise or occurred in the course of Peyton’s employment.

A statement on the employer’s position as part of the claim was included.

“We do not encourage in any way (Peyton) to continue drinking … or accompany a man to his room or participate in additional activities in the early hours of November 3, 2023,” reads the statement.

In the statement, the firm also argued that, as a lawyer for compensation for workers in exercise, Peyton was very aware of the requirement of making a claim within six months after the injury.

“We do not know of any reason why (Peyton) would not have made his claim at an earlier,” he reads.

Peyton was represented in the Civil and Administrative Court of Tasmania in November.

The court discovered that although he was required to stay in Grindelwald, the sexual assault caused by PTSD was not an “induced or encouraged” activity by Hall Payne, and ruled that sexual assault did not occur in the course of its employment.

But he rejected Hall Payne’s second argument, that Peyton should have known a claim before, Noting that the law firm never gave Peyton the right to make a notice of workers compensation claim.

While it was not the result I expected, Peyton does not regret fighting or talking.

“I am lucky to have all this privilege that I have to understand this process and be able to advocate for myself to some extent,” he said.

“But for … all others who do not have that privilege, this process is simply impossible at every step.

In a statement, Hall Payne Lawrs said that all assistance whenever Peyton “was always done according to his explicit wishes and focused completely on supporting it.”

“Decisions about accepting or disputing a workers’ compensation claim are the only prerogative of the insurer,” he said.

“Hall Payne will not make comments in relation to this issue given the ongoing criminal investigation by the Tasmania Police.”

*The name has been changed.