Unfair Dismissals and Section 197 Transfers


Armstrong was dismissed for assaulting the owner of an aeroplane he was inspecting in the course of his employment.  Armstrong contended that he was provoked and therefore his dismissal was unfair. According to Armstrong the owner of the aircraft was hostile towards him when he conducted his inspection, the owner racially abused him, pushed his finger into Armstrong’s face while shouting at him to such an extent that spittle sprayed Armstrong’s face.  Armstrong pushed the owner of the aircraft away with a flat hand and immediately called his manageress on his mobile phone.


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