Engineer sues ex-boss ‘Mr Stinky’ for £1m for FARTING on him in small windowless office
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.
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.
MR STINKY
“He would fart behind me and walk away. He would do this five or six times a day.”
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 said: “I don’t recall doing so, so I’m not flat out saying I didn’t or I did. I just can’t remember doing it. But if he alleges I did it.”
I don’t recall doing so, so I’m not flat out saying I didn’t or I did
The boss
But Mr Short denied he was doing it “with the intention of distressing or harassing” Mr Hingst.
Another former employee, Phillip Hamilton, told the court he recalled times Mr Hingst “got quite offended by some of the stuff that went on”.
Mr Hamilton said: “Obviously there were incidences where (Mr Short) had a propensity to walk over to the printer, which was next to me and I think (Mr Hingst) sat behind where the printer was and (Mr Short) would flatulate (sic), he would fart you know, and that would happen quite frequently.”.
On Monday, Mr Hingst reiterated his farting claims, saying “He thrusted his bum at me while he’s at work.”
“And you sprayed deodorant at him,” Justice Phillip Priest said.
He thrusted his bum at me while he was at work
The employee
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.
Mr Hingst, who has represented himself throughout the trial and appeal, is seeking leave to appeal on several grounds.
He claims he didn’t get a fair trial as he felt under pressure from Justice Zammit when questioning witnesses. He also felt the judge was biased against him.
But Justice Priest said the trial judge seemed to show “remarkable latitude” to Mr Hingst during the 18-day proceedings.
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“The very distinct impression I get is you were given every opportunity to put your case,” he said.
The Court of Appeal judges will deliver their ruling on the appeal on Friday.
A version of this story originally appeared on News.com.au
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