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'I fart in my colleague's general direction' Intentional flatulence is often cited as evidence of workplace bullying. Comic geniuses Monty Python were never accused of holding back from crude humour. One of their more memorable lines – "I fart in your general direction" – uttered by the Insulting Frenchman, fits this bill. Yet their scenes are often divorced from reality, skirting outside the bounds of the possible. However you say it – flatulence, bum sneezes, letting one rip or plain old farting – it is (usually) an involuntary act that is met with embarrassment. This is particularly true in the office, where it certainly is not met with the triumphant gloating of the Insulting Frenchman. So it may surprise some readers to learn that intentional farts are in fact frequently cited as sources of workplace grievances and evidence of bullying. Not only are accusations levelled that a colleague farted in their general direction, it is often the case that someone farted in their specific direction. Could it really be that fact, at least when it comes to flatulence in the workplace, is stranger even than Monty Python? The recent case of Hingst v Construction Engineering involved an allegation that the plaintiff's immediate supervisor deliberately farted in his specific direction. This resulted in multiple altercations, where the plaintiff, David Hingst, sprayed his supervisor, Greg Short, with deodorant while calling him the imaginative name "Mr Stinky". Among other allegations, Hingst alleged that Short's actions amounted to a "complex conspiracy" to "marginalise him and terminate his employment". This resulted, it was claimed, in Hingst suffering psychiatric injuries. The Victorian Supreme Court threw the case out, with Justice Rita Zammit ultimately concluding that no bullying had occurred. Aside from being the source of many jokes, the case raises questions about what constitutes bullying and unacceptable workplace behaviour. Indeed, it raises questions about the potential consequences of even an involuntary act for employees and employers. These consequences could be amplified further in the Australian Public Service, where the APS code of conduct is brought into play. It is established that a mental element, such as knowledge, intent or recklessness, is not (usually) required to establish a breach of the code. Even in circumstances where a public servant's behaviour was not deliberate, intentional or even voluntary, it can still be harassment. This is because harassing behaviour is not measured against the perpetrator's intentions; rather, it is based on whether a reasonable person would conclude the behaviour would humiliate, offend, intimidate or cause a person unnecessary hurt or distress. Had Hingst been an APS employee and made a code of conduct allegation against his supervisor, it is quite possible that the allegations would have been investigated – I have seen lesser allegations upheld. In Hingst, Zammit found it was the termination of Hingst's employment that led him to return obsessively to the flatulence episode, which at the time had not created the alleged psychiatric harm. Rather, it was held that Hingst had "reacted in an extreme and unreasonable way to the termination of his employment, which led him to seek revenge against those whom he blames for his loss". On Hingst's own admission, had he not lost his job and if other incidents had not occurred, such as an alleged abusive phone call, the flatulence would "never have been a big issue". From this, we can hypothesise that a reasonable person would not conclude in these circumstances that Short's flatulence would humiliate, offend, intimidate or cause Hingst unnecessary hurt or distress. Therefore, it's unlikely that Short, in an APS workplace, would be found to have breached the code of conduct, again in these specific circumstances. Having said this, there have been other instances where the act of targeted flatulence would most certainly breach the code. For example, in Bell v Boom Logistics, an act of targeted flatulence was found to "possibly attract dismissal, being an assault". However, this incident was manifestly targeted: the perpetrator "had his hand on his bum cheek, pulled his cheeks apart and farted in my face". Of course, Bell is a severe example, but it nevertheless illustrates that involuntary acts can meet the standard required to establish a bullying and harassment – or (as the case may be) a breach of the APS code of conduct. Should you find yourself in Hingst's position (or in the shoes of the unfortunate victim in Bell), it is important to report the unwanted conduct to HR. Your employer owes you a duty of care, and in some instances farting, when it is part of a pattern of bullying or abuse, could give rise to a claim in negligence. In such cases, employees must establish that the harm was reasonably foreseeable and recognisable, and the employer failed to take reasonable steps to mitigate that risk. As Justice Robert Osborn provides in Brown v Maurice Blackburn Cashman: "[A] finding that a particular risk of injury is reasonably foreseeable involves a judgment of ‘fact and value' and it is a matter of fact for the decision-maker to determine whether a defendant ought to have reasonably foreseen his or her conduct might cause psychiatric injury." By contrast, in Hingst, the harm manifested from termination of employment. However, had Hingst suffered psychiatric injury directly from his supervisor's conduct, the case might have been decided differently. Whenever conduct is alleged to have caused psychiatric injury, it should always be cause for pause in a workplace. However curious behaviour like alleged targeted flatulence is, even if it doesn't amount to bullying, as Zammit concluded, it did paint "a picture of the working culture" at the workplace. Those prone to flatulence should take care to ensure their behaviour doesn't result in messy, if unintended, consequences.
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May 1, 2018 22:22
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I reckon Sally plays VNs where she always picks the girl/guy/bird who stands up the most for Workers Rights.
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May 2, 2018 07:38
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So the Ipswich mayor that replaced the other Ipswich mayor due to corruption charges has also been charged with corruption charges.
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May 2, 2018 07:53
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Ipswich mayor Andrew Antoniolli, who last year replaced embattled former mayor Paul Pisasale, has himself been charged with seven cases of fraud. The Crime and Corruption Commission charged Cr Antoniolli, 47, with seven charges of fraud. "The CCC will allege the man utilised Ipswich City Council funds for his own use to purchase auction items from charitable organisations between 26 October 2011 and 20 May 2017," the CCC said in a statement. "The man was bailed and is expected to appear in the Brisbane Magistrates Court on 16 May 2018." In a statement issued to media on Wednesday afternoon, Cr Antoniolli said it was "with much disappointment and frustration" that he confirmed the charges laid against him. "Let me be clear – I have never been involved in corrupt or criminal activity and I intend to fight these charges," he said. "These charges will not define me." Cr Antoniolli said he stood in last year's mayoral byelection on a "platform of accountability and transparency" and said he would not stand down. "I promised to lift the veil of secrecy and to review our policies and procedures to increase transparency, and while there is more work to be done, we have made incredible inroads in regards to significant culture and governance reform," he said. "I have a wonderful executive team, professional staff serving the community, and a loving family. "I have served our city and its people for 18 years, 28 years if you include my time as police officer and I do not intend to step down any time soon." Mr Pisasale resigned last year and has been charged with official corruption.
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May 2, 2018 07:55
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May 2, 2018 14:02
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Listening to ABC AM this morning and some lady is claiming with 100% seriousness that it is possible to live on 40 dollars a day if you just cut down on avocado and coffee.
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May 2, 2018 22:28
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Ipswich Mayor has stood down and is expected to be expelled from the ALP for using council funds to buy artwork and other upper class decorations.
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May 3, 2018 00:44
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Yes. Queensland govt is announcing right now it's dissolving Ipswich city council.
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May 3, 2018 00:48
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ASIC v Danny Bro posted:Wait, is this from the QUT stalkerspace? It's funny looking at QUT pages and while the person is an idiot, people who post there are extremely libertarian unironically. Even if you browse it further you notice how much /pol/ leaks onto Business students.    Naturally its a complete clusterfuck since I graduated. It used to be mostly people getting help for assignments ect but its since been infected by the meme brigade and any time politics is brought up it swings heavily to the right and is full of recycled /pol/ memes which QUT Student Guild mods allow. I just stay a member of the group to watch it burn, like most facebook groups.
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May 3, 2018 12:27
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I love Joe Hockey someone post the washing machine video
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May 4, 2018 06:13
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Knobb Manwich posted:Shaking my head. It's an auspol classic
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May 4, 2018 07:23
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I remember when we would post Greens articles about thier eco socialist policy platforms but nowadays all I read are centrist policy gymnastics and splits.
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May 4, 2018 11:37
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Young Aussies to bear burden of budget repair task Young Australians will live lives more impoverished than their parents, thanks to the “disappointing” debt legacy of successive federal governments. That's the fresh budget-eve warning from Tony Shepherd, the head of the Coalition’s 2014 National Commission of Audit. Speaking to Fairfax Media, Mr Shepherd said the Treasurer, Scott Morrison, should deliver only “modest” personal income tax cuts in Tuesday night's budget, devoting the substantial portion of windfall revenue gains to budget repair. Without action now, future generations would end up shouldering a higher tax burden, which would reduce their standard of living, Mr Shepherd warned. “We’re going to have to pay for it. Some time or another, you’re going to have to pay the piper.” Shortly after winning the 2013 election warning of a "debt and deficits disaster", the Coalition projected the value of Commonwealth government securities on issue would climb to $667 billion in a decade as a result of Labor policies. The federal government borrows money by issuing securities. "Were we to proceed on a business-as-usual approach, we would see deficits out forever, and debt ballooning to levels which would impoverish our children and grandchildren,” Malcolm Turnbull warned shortly after the 2014 budget. Since then, the 10-year forecast for government debt has climbed even higher - to $684 billion - on the latest Treasury figures, which will be updated on Tuesday. The figure for net debt is lower, thanks to money stashed in the Future Fund, along with other assets held by government. Mr Shepherd said this debt legacy revealed how the '‘baby boomer’' generation had turned traditional notions of inter-generational fairness on their head. “I think it’s a sad reflection on my generation. That’s why we’re all going out there to help our kids with their mortgages. We’re leaving them with a colossal state debt. I think we’re doing it more out of guilt than anything else.” “The tradition of previous generations was to be able to say to their children: ‘We’re going to leave this country better for you than what we had’. I’m not sure we can say that now.” “People today are saying: ‘Look, I don’t think my children are going to have as good a life as I did, other than through inherited wealth.’ That’s disappointing.” Mr Shepherd, who is on the board of the Menzies Research Centre, has previously called for the family home to be included in the assets test for the age pension. Economist Saul Eslake said the main issue was not the size of government debt - which was lower than in many advanced nations - but the fairness of the current tax and transfer system. “I’d probably be more worried not so much about the debt position, but simply the way the whole system of income, wealth and taxes has all been changed in a way which advantages baby boomers at the expense of their kids.” “More broadly, there has been a very substantial redistribution of income and wealth from older Australians to younger Australians over the last two decades.” In addition to enjoying a free education, older Australians had also been the major beneficiaries of the housing wealth boom. “It astounds me that there isn’t more anger among young people about that," Mr Eslake said. And Tuesday's budget was likely to do little to wind back a raft of new tax concessions granted to older Australians in recent decades, including on superannuation and the Seniors Tax Offset, Mr Eslake said. “What I find striking is that while older Australians’ - aged 65 plus - share of population, of income and of wealth has risen, their share of tax paid has gone down.” Veteran budget watcher, Deloitte Access Economics’ Chris Richardson, said the government should fully bank any revenue windfalls, rather than cutting income taxes, to restore a budget buffer against future economic shocks. “Baking personal income tax cuts into the budgetary cake could end up being a mistake, saddling us with permanent promises off the back of temporary good news,” Mr Richardson said. However, if money were to be spent, it should go towards helping some of the poorest income support recipients, rather than middle income taxpayers. “If the nation is going to spend the windfall of the moment, then front of the queue should be an increase in what we spend on unemployment benefits and youth allowance. Unemployment benefits have been steadily shrinking relative to wages and to the age pension for a quarter of a century.”
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May 4, 2018 12:53
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The ABC has leaked that Tomorrow budget will contain a tax cut for low and middle income earners of 10 dollars a week. Low and middle-income earners will get tax cuts worth up to $10.50 a week in tomorrow's budget. The ABC understands that while the measure will start on July 1, the tax break will come in the form of a bigger end-of-year tax rebate. The tax relief will be delivered by an increase to the Low Income Tax Offset (LITO) which doesn't show up in weekly or fortnightly pay packets. At the moment, the LITO is worth $445 a year for people earning below $37,000 annually. It gradually reduces and cuts out completely when people earn $66,667 a year. Treasurer Scott Morrison is expected to announce the value of the offset will more than double to $1,000. It will be extended to people on incomes of about $90,000 a year, the ABC understands, and would still be phased out so that the more a person earns, the lower the rebate they would receive. That would mean an extra $10.50 a week for those who receive the maximum benefit. Giving a tax cut in this way is cheaper for the Government because it is targeted at low to middle-income earners and would not flow through to people on higher incomes. It is tipped to cost the Government about $4 billion to $5 billion a year. Federal Treasurer Scott Morrison has already warned the tax breaks in Tuesday's budget will not be "mammoth". When Mr Morrison was pressed on whether this tax break would be dismissed as only worth a hamburger and a milkshake, he argued that it had been a long time since there had been real tax relief. He said the Government had always said it would provide tax relief that was both affordable and responsible. Choosing a less expensive way of offering a tax break means the Government can also return to surplus more quickly. It had forecast a surplus in 2020-21, but is now likely to announce that it can be in surplus in 2019-20.
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May 7, 2018 10:34
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Auspol May: I voted Liberal and all I got was 10 bucks
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May 7, 2018 10:43
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Solemn Sloth posted:10 lashes for stealing a t-shirt so presumably a few thousand lashes for wage theft. Hmmm? No? Indeed fellow Liberal Party member, we lash the employee 10 thousand times.
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May 7, 2018 22:10
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I'm keen for the zinger filled budget reply speech
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May 7, 2018 22:31
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University is good only if it's the University for the Real World.
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May 8, 2018 07:12
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Hmmmmm A Liberal Government... announcing anti-phoenix measures? I'll believe it when I see it lol.
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May 8, 2018 10:48
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Did Scott Morrison just announce an Australian Space Agency?
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May 8, 2018 10:49
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I'm keen to see Leigh Sales ask why the ABC's budget is getting cut for a statue.
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May 8, 2018 11:03
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The Government hopes to raise an additional $373 million from welfare recipients when it extends data matching activities within the Australian Tax Office in 2021. It also hopes to save about $200 million by increasing the waiting period for new migrants to some welfare benefits from three years to four years from July 1. Pre-budget calls to increase the Newstart allowance were ignored
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May 8, 2018 11:05
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This was a really weak budget guys. I mean super loving weak. The media is calling this an election budget but all it was is just more handouts for Boomers and gently caress mostly everything else. Why bother? The boomers are going to vote LNP anyway so I don't see it as election winning by any stretch. A 500 dollar tax cut? It's way too minuscule to offset the negative impacts of wage stagnation, job insecurity and the science brain drain. The LNP are dreaming if they think this will change their election woes.
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May 8, 2018 11:40
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 Better take down more anti Coalition articles, right guys?
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May 8, 2018 12:58
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Laserface posted:Dave takes the 100k and buys a HSV. You idiot. You total loving moron. This is exactly what will happen
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May 8, 2018 22:15
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Imagine trying to leave a budget time bomb for known political genius Bill "Checks Zingers" Shorten.
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May 8, 2018 23:09
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May 8, 2018 23:26
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Yep *looks at the light on the hill* Queensland has come a long way. *sheds a single tear* The beacon of Australian ingenuity...
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May 9, 2018 06:07
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May 9, 2018 07:49
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I want Bill Shorten to torpedo every part of this budget on Thursday.
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May 9, 2018 08:27
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I want Zingers flying left and right I want him to say THIS GOVERNMENT loudly
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May 9, 2018 08:30
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Malaysia's opposition alliance led by the country's former authoritarian ruler Mahathir Mohamad has won a majority in parliament, ending the 60-year rule of the National Front. Oh joy. Another Dictator.
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May 9, 2018 22:36
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And the person who kicked them out was the former 90 year old dictator who resigned in 2003. Im guessing both options are bad. But still, electing a 90 year old dictator seems to be a bit odd. Also one of his election promises was to literally pardon all of his buddies in prison and then hire them.
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May 9, 2018 22:45
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Probably. But still hosed up
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May 9, 2018 22:56
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Your only human when you turn 41 and buy your first tie rack with a vast collection of polka dot ties.
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May 9, 2018 23:09
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Starshark posted:There was a woman at the counter of the servo up the road from me who got robbed and she did just fine. What's a man going to do - kung fu the weapon out of the robber's hand before slowly drawing his Hanzo steel? Uh, yes.
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May 10, 2018 02:22
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Facebook added up votes and down votes to news stories comments sections once again proving that tech companies are lazy hacks who outsourced comment moderation... To commenters. This has caused people to down vote comments they disagree with until the comment automatically becomes hidden Lmao. https://www.engadget.com/2018/05/01/facebook-downvote-nz-australia/ Anidav fucked around with this message at 04:30 on May 10, 2018 |
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May 10, 2018 04:28
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JBP posted:lmao of course the kid looking at the poo poo being destroyed is wearing a head scarf, what did I think the complaint would be about Officer I would like to report Street thugs throwing round objects near my apartment and speaking in terrorist tongues.
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May 10, 2018 07:13
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I keep saying this but whoever is training Bill Shorten is a mastermind
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May 10, 2018 10:58
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| # ¿ May 16, 2024 14:17 |
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Cheeky Bill flirting with Leigh Sales about not cutting the ABC
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May 10, 2018 11:36
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