David Hingst, a 56-year-old engineer, claims that one of his colleagues was bullying him by repeatedly farting when nearby. Hingst says the coworker “thrusted his bum” at him while releasing gas, and decided to sue his former employer, Construction Engineering, over the manner. He is seeking $1.8 million in damages.
The suit was filed in Australia as Hingst hails from Melbourne. Last year, a judge “blasted the case out of the Supreme Court,” according to a report by Yahoo. The judge reportedly found no evidence of bullying.
Hingst chose to appeal, coming before the Court of Appeal on Monday. He asserted that “flatulence was a form of bullying,” pointing the finger at Greg Short, a former manager, who frequently farted in the workplace.
“I would be sitting with my face to the wall, and he would come into the room, which was small and had no windows,” said Hingst after the Court of Appeals hearing.
“He would fart behind me and walk away,” he added. “He would do this five or six times a day.”
But his colleague’s frequent crop dusting wasn’t Hingst’s only complaint. He also claimed that Short abused him during phone calls and, at times, taunted him with various gestures.
“He thrusted his bum at me while he’s at work,” Hingst informed the panel of judges.
However, appeals court judges also learned that Hingst would call Short “Mr. Stinky” at times.
“And you sprayed deodorant at [Short],” said Justice Phillip Priest.
While Hingst claims the farts caused him “severe stress,” Priest said they were not a primary issue in Hingst’s original complaint, as it instead focused on the abusive phone calls.
Hingst has represented himself throughout the course of the suit and claims he didn’t get a fair trial when in front of Supreme Court Justice Rita Zammit initially.
Priest disagreed, saying the trial judge showed “remarkable latitude” during the 18-day proceeding.
The judges with the Court of Appeal are expected to deliver their ruling on Friday.