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AN AUSTRALIAN BP refinery worker who was fired for allegedly comparing his employers to Hitler successfully won back his job today.
In 2018, Scott Tracey had used a popular meme from the 2004 film Downfall to portray scenes from wage negotiations, which he posted on a closed Facebook group.
He later lost an unfair dismissal case which ruled the video as offensive.
But an appeal judgement found today it was unreasonable to say the parody had likened BP managers to nazis.
“What it does do is to compare, for satirical purposes, the position BP had reached in the enterprise bargaining process as at September 2018 to the situation facing Hitler and the nazi regime in April 1945,” the Fair Work Commission said.
Mr Tracey had argued he had not intended to offend anyone and that the video was meant to be humorous, adding that it did not identify BP or individuals specifically.
Australian Workers Union spokesman Daniel Walton welcomed the decision and said that employees should be able to criticise bosses in their own time.
“The day that right is lost would be a very bleak day for Australia,” he said.
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