Applying MacCardie's principle in Rubel Bronze and Metal that all the circumstances of the case must be weighed up, although the behaviour and words of Flighty may constitute a fundamental repudiation based upon the decisions of Pepper v Webb, Wilson v Racher and others, the case against him may be stronger when coupled with the common law assault and battery of a customer. If the Court follows this view, then it may be found that Bossman were justified in their summary dismissal of Flighty, in which case an action for wrongful dismissal will be unsuccessful.
However, if the view is taken that Flighty's behaviour is not considered a fundamental breach, and in summary dismissing him, the employer has breached the employment contract by not following disciplinary procedures set out in the contract and the section 1 notice, Flighty has grounds to bring an action of wrongful dismissal and is entitled to seek compensation. The alternative assumption is that with a quick temper and disagreeable behaviour, there have been both verbal and written warnings in the past, in which event the current instance may fall in the Pepper v Webb category of the 'final straw that broke the camels back'.
If Flighty is successful in his wrongful dismissal action, he will be entitled to pursue the remedy normal for breach of contract, of damages. …
