During the 18-day trial involving more than a dozen witnesses, the supervisor denied regularly passing wind in the communal office.

He said he could not recall thrusting his backside at Mr Hingst and pretending to fart, although he conceded he could not rule it out either.

"I may have done it once or twice, maybe. But I can't recall."

One former employee said he witnessed Mr Short fart when he walked over to the printer but argued it was typical office "mucking around".

He said Mr Hingst may have been offended because he was of German descent, "whereas us Australians are sort of brought up you sort of accept it or think oh it's just – that's what happens".

Justice Zammit said the evidence suggested Mr Short's flatulence was "an offence that has its origins in cultural difference – rather than the sort of fear, distress, humiliation or victimisation that one would ordinarily expect in a bullying scenario".

Flatulence not 'intimidation'

The judge rejected claims about the frequency of the supervisor's flatulence or that it was targeted at Mr Hingst.


She said even if the claims were true, it would not necessarily amount to bullying.

"It is difficult to see how Mr Short's conduct could have intimidated or caused distress to the [administrator]," the judge said.

"[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'."

On allegations Mr Short yelled at Mr Hingst several times over the phone that he had "f---ed up" and was "not worth [his salary]", the judge found no supportive evidence for the claim.

She concluded no Construction Engineering Australia staff had bullied or harassed Mr Hingst and noted evidence that domestic stress and dismissal probably led to Mr Hingst's psychiatric injuries.

"It is in a sense tragic that the plaintiff's redundancy appears to lie at the heart of his problems.

"It seems, regrettably, to have generated a misplaced sense of unfairness at the loss of his job."