A BP mine worker unfairly dismissed for posting a Hitler parody video has been awarded $200,000 in lost wages.
The worker initially lost his unfair dismissal claim in the Fair Work Commission.
However, a full bench overturned that decision on appeal.
The Commission has now ordered BP to pay the worker $177,324 in lost wages and $24,069 superannuation.
BP mine worker awarded $200,000
Scott Tracey started working for BP at its Kwinana refinery in Western Australia in 2012 as a Process Technician.
In September 2018, the company sacked him after he posted the Hitler parody video to a private Facebook group.
His wife made the video using a meme generator on the movie Downfall which depicts Hitler’s final hours at the end of World War II.
Ms Tracey’s version made fun of protracted and tense pay negotiations.
Unfair dismissal claim
Mr Tracey argued in the Fair Work Commission that he did not intend to offend anyone with the video, describing it as “humorous”.
However, BP claimed the video compared company management to Nazis.
After losing his first claim for unfair dismissal, a full bench ruled in favour of Mr Tracey, and ordered BP to reinstate him.
BP appealed to the Federal Court, however, the application was dismissed.
This week, the Fair Work Commission ordered BP to pay Mr Tracey his lost wages and superannuation.
Brad Gandy from the Australian Workers Union told news.com.au:
“While it doesn’t make up for the completely unnecessary drama and heartache Mr Tracey has been dragged through, we are satisfied with the Commission’s ruling today.
“In addition to winning the appeal and successfully gaining back our member’s job, we have now secured the money our member deserves.
“To dig in and drag an honest worker through nearly two years of stress and uncertainty, all because a few stuffed shirts didn’t get a joke, is poor corporate behaviour.”
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