Judge Rules Boss Wasn't A Bully For Farting Near Employee
A man has lost a massive $2 million negligence case against an engineering company after a judge ruled farting on an employee isn't considered harassment.
Justice Rita Zammit dismissed claims made by David Hingst, a contract administrator in Melbourne, who claimed that his supervisor, Greg Short would regularly 'lift his bum and fart' on or at him, which he found to be both 'humiliating and disgusting'.
However Mr Short denied intentionally passing wind near his colleague, claiming that he felt 'embarrassed' he may have accidentally done it 'once or twice'.
Former colleague, Philip Hamilton, recalled his boss's frequent flatulence while in the presence of Mr Hingst but called it simply an example of 'typical banter or mucking around'.
He said cultural differences were to blame for any offence taken by Mr Hingst, who was of German descent.
'Us Australians are sort of brought up you sort of accept it or think oh it's just – that's what happens,'
Mr Hingst claimed that he had developed both psychiatric and physical injuries as a result of ongoing harrassment from Mr Short, including fibromyalgia and irritable bowel syndrome and believed he was entitled to receive $1,805,138 for damages.
The judge also threw out claims Mr Hingst, who represented himself at trial, was unlawfully dismissed from his employment with the company.
'The plaintiff's unfair dismissal claim is without merit for the simple reason that it was a genuine redundancy and the deed of release was lawfully executed,' a court report stated.