A former employee of Construction Engineering Australia has failed in his law suit against his former supervisor.
David Hingst, an employee of the construction company in Melbourne from 2008-2009 claimed he was subjected to bullying from his supervisor Greg Short, which included an incident in which Hingst claims Short deliberately farted on him.
Mr Hingst was seeking $1.8m in damages after claiming he was unfairly retrenched from his job.
But his law suit has failed with Justice Rita Zammit of the Victoria Supreme Court stating that farting in the office did not amount to bullying.
Hingst told the court that his supervisor would often “lift his bum and fart” in his direction.
The court heard the Mr Hingst sprayed Mr Short with a can of deodorant and called him "Mr Stinky".
Justice Zammit ruled in favour of Short, rejecting any claims that he deliberately farted on Hingst. Zammit also accepted that Hingst's redundancy was genuine.
“I do not accept the plaintiff’s evidence about the frequency of Mr Short’s flatulence in the office or that it was targeted at the plaintiff,” Zammit stated.
Short told the court that although he remembers farting, it wasn't done in a way to purposely offend his colleague.