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The meme used the dramatic scene from the movie Downfall
A BP refinery worker in Australia who was fired for parodying the company through a well-known Hitler meme received a payout of $ 200,000 (£ 109,000).
Scott Tracey used the popular meme, from the 2004 film Downfall, to publish scenes of salary negotiations for companies, and posted it on a closed Facebook group.
He was fired by the company. However, after a two-year legal battle, he won an unjustified dismissal case and returned to work.
The payout covers lost revenue.
The meme uses a dramatic scene in Downfall – in which Hitler angrily confronts his generals in his bunker – and replaces the subtitles with an alternative dialogue as a joke.
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BP had said it was “very offensive and inappropriate” and dismissed Mr Tracey. The refinery worker first took his case to a tribunal, claiming unfair dismissal, but losing.
Mr. Tracey then appealed, insisting that he had no intention of insulting anyone and that the video was meant to be humorous. He added that it did not specifically identify BP as anyone.
The federal court ruled that it was unreasonable to say that the meme had compared BP managers to Nazis and Mr Tracey was allowed to return to work.
On Monday, he was awarded $ 177,325 in salary and lost bonuses, minus taxes, as well as $ 24,070 in superannuation as pension payments.
BP had argued that Mr Tracey would have to pay $ 150,000, less than what he would have earned if he had not been fired.
The company wanted money to be withdrawn because the video was shared among colleagues, who told BP it was misconduct, according to the Sydney Morning Herald.
BP also said more money should be deducted because Mr Tracey could have found work during the trial.
The Fair Work Commission said there was no evidence to argue that Mr Tracey had not sought employment.
Brad Gandy, secretary of the Australian Workers Union, said Mr Tracey had been through “unnecessary drama”.
“To dig an honest worker and drag him through almost two years of stress and uncertainty, all because a pair of refurbished shirts did not get a joke, is bad business behavior,” Mr Gandy told the Sydney Morning Herald.
