Hitler meme video costs worker his job

In what unions believe could be the first case of its kind in Australia, a version of the Hiter ‘Downfall’ meme posted on social media has resulted in a worker losing his job.

The Australian Workers’ Union described the decision to sack the worker as ‘”ludicrous” after the Fair Work Commission rejected his unfair dismissal claim.

The background

Scott Tracey had worked for BP as a technician at its refinery at Kwinana in Western Australia since 2011.

In September last year, Mr Tracey’s wife made a parody meme video about protracted Enterprise Agreement negotiations that were taking place at BP at the time.

The meme features a clip from the movie ‘Downfall’ – which shows Hitler with his generals in a tense and stressful meeting when he learns that he has lost World War Two.

Users are able to replace the subtitles from the original movie with their own.

Hundreds of the memes have been published on the internet over the past decade, including one titled, ‘Usain Bolt Breaks 100m World Record and Hitler Reacts’ has had almost 4 million views on You Tube since being uploaded in 2009.

Mr Tracey posted his wife’s version of the parody meme to a private Facebook group of family and work colleagues, and later showed it to other workmates on-site using a work computer.

BP says meme portrayed management as ‘Nazis’

When BP became aware of the video, it launched an investigation, which resulted in Mr Tracey being dismissed for breaching company policies.

The employer argued that the video was “inappropriate and offensive” because it suggested that BP management were Nazis.

Mr Tracey told the Commission that he did not mean to cause offence to anyone, and the video was only meant as ‘a joke’.

In the end, the Fair Work Commission sided with BP with deputy president Melanie Binet saying that:

“The Hitler video had the potential to undermine, demean and denigrate the BP senior management team amongst an audience which they were charged to lead.”

She added that it was wrong for workers to think that labelling something as parody was a “get out of jail free card”.

Ms Binet said she was “satisfied that when viewed in context that a reasonable person would consider the Hitler video inappropriate and offensive.”

Union considering appeal

Daniel Walton from the AWU said BP had misunderstood the meme.

“’Hitler ‘Downfall’ videos are a joke, but the decision to sack a worker over one is not,” he said.

“This is a long-serving, loyal employee who has lost his job because the Fair Work Commission is seemingly unfamiliar with a meme that’s over a decade old.”

Walton said BP’s response was an over-reaction, and is now considering appealing the Fair Work decision on behalf of Mr Tracey.

“As anyone with a smartphone and a sense of humour can tell you, Hitler Downfall parody videos are not about comparing anyone to actual Nazis.  It’s about depicting a high-stress group conflict situation and overlaying details about a current event,” he said.

“Like most people I’ve seen versions of these meme about sport, politics, reality TV — it’s very well established.  I understand that if you were completely unfamiliar with the meme you might think a comparison was being made to Nazis.”

“But that’s just not what this video means in 2019.  So this is a worker who has been sacked because of a cultural misunderstanding.  It’s ludicrous.”

The lesson

Industrial advocate Miles Heffernan from Fair Work Claims said the case is a reminder to all workers about the perils of social media.

“The minute you post something controversial or offensive that relates to your employer or workmates, you can expect to be in a whole lot of trouble,” he said.

“While I find the Hitler ‘Downfall’ videos hilarious, I can understand why BP didn’t see the humour in Mr and Mrs Tracey’s version, and ultimately, the Commission sided with the employer.

“Always think twice before you post anything on social media that is in any way work related – because it could cost you your job.”

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