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Australian Judge Rules that Farting is not 'Workplace Bullying'

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Farting isn't workplace bullying, court rules as judge throws out $2million case against construction boss dubbed Mr Stinky for 'lifting his bum and breaking wind' on staff

  • A contractor claimed his boss frequently and purposely passed wind at him 
  • David Hingst had his claim for $1,805,138 in damages thrown out in 18-day trial
  • Judge concluded issues likely resulted from his redundancy and not the farting

A man has lost a $2 million negligence case against an engineering company because a judge ruled farting on an employee did not constitute harassment. Justice Rita Zammit dismissed claims made by David Hingst, a contract administrator from Melbourne, who accused his supervisor, Greg Short, of bullying. Mr Hingst alleged Mr Short, from Construction Engineering Australia, would regularly 'lift his bum and fart' on or at him, which he found 'humiliating and disgusting'.

Mr Short denied purposely passing wind towards his colleague, admitting 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 from mid-2008 to 2009, but labeled it 'typical banter or mucking around'. He said cultural differences were to blame for the 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 Hamilton told the Victorian Supreme Court. The court heard Mr Hingst became increasingly unhappy about Mr Short's flatulence and would protest by saying things like 'you're not serious?'. On one occasion, Mr Hingst purchased a can of deodorant and sprayed it at Mr Short, in an event he said prompted laughter from the other men in the offfice. Mr Hingst also refused to share a lift with Mr Short, calling him 'Mr Stinky' when questioned over his reasoning.

He then claimed Mr Short proceeded to call him an 'idiot'.

After the 18-day trial, which involved more than a dozen witnesses, Justice Zammit ruled Mr Short's flatulence was 'an offence that has its origins in cultural difference'.

She said being the recipient of unsolicited farting was unlikely to have intimidated or caused distress to the amount Mr Hingst had claimed. '(Mr Hingst) was able to spray Mr Short with deodorant and give him the nickname 'Mr Stinky'. 'Indeed, on (his) own evidence, had he not lost his job and been abused over the telephone, the flatulence would 'never have been a big issue',' Justice Zammit said.

She concluded Mr Hingst's domestic stress and dismissal was likely what caused his psychiatric injuries, and not the bullying he accused Mr Short of. 

 

Thank God for that!!! 


 



 

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why did he claim so much :o?!

it is pretty disgusting when you think about it though, especially if the guy who's doing it was told to stop or could tell that someone was getting annoyed by it.

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1 hour ago, Stan said:

why did he claim so much :o?!

it is pretty disgusting when you think about it though, especially if the guy who's doing it was told to stop or could tell that someone was getting annoyed by it.

Mr Hingst claimed he developed psychiatric and physical injuries as a result of ongoing harrassment from Mr Short, including fibromyalgia and irritable bowel syndrome.

He believed he was entitled to receive $1,805,138 for damages he incurred as a result. 


We had a bloke who worked at our place and some of his farts were rank.. proper rank! and about 5 of us worked in a pretty small office so you can imagine the grief he used to get.... We used to have to wedge the 2 doors open with chairs to let the smell out and some air in when he let loose.. Our intake bloke was going to put in a serious complaint about it if he didn't stop and given the smell it was understandable... We used to tell him when he knew he was going to fart then kindly fuck off outside and do it.... 

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WTF xD 

Suing, especially for that amount, is of course ridiculous, but farting on your employees as "banter"... seriously? xD 

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17 minutes ago, nudge said:

WTF xD 

Suing, especially for that amount, is of course ridiculous, but farting on your employees as "banter"... seriously? xD 

and plays it off as 'Australian culture' too! I know they're known as 'down under' but didn't know that's what it actually meant. 

  • Haha 1

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8 hours ago, Bluewolf said:

Mr Hingst claimed he developed psychiatric and physical injuries as a result of ongoing harrassment from Mr Short, including fibromyalgia and irritable bowel syndrome.

He believed he was entitled to receive $1,805,138 for damages he incurred as a result. 

o.O

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Was not farted on in any office in Australia xD

I would attack him with deodorant and a lighter if that happened to me. Probably wouldn't need the deodorant if they done it that much

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4 hours ago, Kitchen Sales said:

Can I just remind everyone that when you can smell a fart it is because particles of feces are in your nose. 

Review this case again.

It makes me so sad.

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That's absolutely disgusting. No idea how that can be seen as acceptable workplace behaviour. 

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On ‎4‎/‎10‎/‎2018 at 23:45, Kitchen Sales said:

Can I just remind everyone that when you can smell a fart it is because particles of feces are in your nose. 

Review this case again.

I call them farticles.

This workplace serial farter sounds like a hilarious menace though.

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On 11/04/2018 at 07:45, Kitchen Sales said:

Can I just remind everyone that when you can smell a fart it is because particles of feces are in your nose. 

Review this case again.

Do far this week you have told us that fertilizer is made of human shit and that farts are microscopic shit. Do you go around looking for shit facts?xD

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9 hours ago, Gunnersauraus said:

Do far this week you have told us that fertilizer is made of human shit and that farts are microscopic shit. Do you go around looking for shit facts?xD

It's all in a Roman museum in Newcastle, they know which facts the locals retain best xD

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2 hours ago, Kitchen Sales said:

It's all in a Roman museum in Newcastle, they know which facts the locals retain best xD

Ah right. Just don't go ruining kebabs for me. Some things I'd rather not know

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10 minutes ago, Gunnersauraus said:

Ah right. Just don't go ruining kebabs for me. Some things I'd rather not know

maxresdefault.jpg

  • Sad 1

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