An engineer sued his ex-boss for £1million because he would fart on him in a small windowless office. David Hingst, from Melbourne, Australia, sued his former employer Construction Engineering for bullying after his supervisor would “lift his bum and fart” on him at work.
Mr Hingst said the flatulence had caused him “severe stress” and is seeking $1.8million (£970,761) in compensation.
The case was thrown out by the Supreme Court of Victoria last April but Hingst is appealing the decision. Justice Rita Zammit found that even if the farting occurred it “would not necessarily amount to bullying”.
The case came before the Court of Appeal on Monday.
At the original hearing, Mr Short said he didn’t remember doing it “but I may have done it once or twice, maybe”.
He told the court “flatulence was a form of bullying” and that his ex-colleague Greg Short was a serial farter, AAP reported.
As a result of the constant farting, Mr Hingst, 56, sprayed deodorant on Mr Short and called him “Mr Stinky”.
Hingst said: “I would be sitting with my face to the wall and he would come into the room, which was small and had no windows. But Mr Short denied he was doing it “with the intention of distressing or harassing” Mr Hingst.
But Mr Short denied he was doing it “with the intention of distressing or harassing” Mr Hingst.
Justice Priest said farts were not the key issue in Mr Hingst’s original claim, as it had focused more on alleged bullying phone calls. Hingst claimed Mr Short’s behaviour was part of a conspiracy to get rid of him and said his time at Construction Engineering caused him psychiatric injuries.
The Court of Appeal judges will deliver their ruling on the appeal on Friday.