EDMONDSON v. SIR R. ROPNER & CO., LTD.

(1935) 53 Ll L Rep 9

COURT OF APPEAL.

Before Lord Wright (Master of the Rolls), Lord Justice Romer and Mr. Justice Eve.

Master and servant-Shipmaster-Dismissal without notice-Claim by plaintiff for wages in lieu of notice or for damages for wrongful dismissal- Plaintiff intermittently engaged as master by defendants-Plaintiff given command of defendants' steamship A, defendants' letter of appointment containing the following passage: "We have decided to offer you the command of the Ainderby, and in thus being reinstated we wish you to clearly understand that your position on the steamer will be most carefully watched, and unless complete satisfaction is given we shall have no hesitation in relieving you of this command, with no further hope of employment with us" - Plaintiff dismissed without notice at end of voyage-Judgment of learned County Court Judge that no such misconduct was proved as would justify summary dismissal, but that the defendants' dissatisfaction was genuine and not capricious and that their action in dismissing the plaintiff without notice was justified under the terms of their letter.