The victim said that his former supervisor — who he called “Mr. Stinky” — would fart around him five or six times a day.
Hingst said he would take his case to the High Court, Australia’s final court of appeal.
The 56-year-old is seeking 1.8 million Australian dollars ($1.3 million) damages from his former Melbourne employer, Construction Engineering.
Hingst told the court that Short would then enter Hingst’s small, windowless office several times a day and break wind.
Hingst “alleged that Mr. Short would regularly break wind on him or at him, Mr. Short thinking this to be funny,” the two appeal court judges wrote in their ruling.
Hingst said he would spray Short with deodorant and called his supervisor “Mr. Stinky.”
“He would fart behind me and walk away. He would do this five or six times a day,” Hingst said outside court.
Short told the court he did not recall breaking wind in Hingst’s office, “but I may have done it once or twice.”
The appeal judges found Hingst “put the issue of Mr. Short’s flatulence to the forefront” of his bullying case, arguing that “flatulence constituted assaults.”
The court found that Short did not bully or harass Hingst. Hingst had failed to establish that Construction Engineering had been negligent.
He argues he was bullied in the workplace until his job was terminated.