Wednesday 26 February 2025
File :
20250227010308.Holberton [2025] SAET 8.pdf
The South Australian Employment Tribunal has recently handed down a decision in the matter of Holberton v Tasmea Limited [2025] SAET 8. At issue in this dispute was not whether the worker had sustained noise induced hearing loss as a result of employment, but rather whether the worker was exposed to noise capable of causing noise induced hearing loss in his employment with Ottoway Engineering Pty Ltd (Ottoway Engineering) (a company owned and operated by Tasmea Limited (Tasmea)), or another employer.
The worker asserted that he had been exposed to noise capable of causing noise induced hearing loss while employed by Ottoway Engineering, which Tasmea denied. After ceasing employment with Ottoway Engineering, the worker went on to work with another employer, Ecospec Pty Ltd (Ecospec). Prior to his employment with Ottoway Engineering, the worker had worked in other ‘noisy’ employment.
The worker was successful in showing that he was not exposed to noise capable of causing noise induced hearing loss during his employment with Ecospec. However, Tasmea was also successful in showing that the worker had not been exposed to noise capable of causing noise induced hearing loss during his employment with Ottoway Engineering. Accordingly, Tasmea’s rejection of the worker’s claim for compensation was confirmed.