Being asked to deliver your boss's blackberry - How would you decide if you were the judge?

True story I read in the newspaper: During a business trip to Dublin a banker realized he forgot his blackberry at his London office. He called one of his direct reports in London and asked him to fetch the blackberry, get on the next plane and deliver it to him personally. The conservation-conscious employee refused for ecological reasons and got fired. He’s suing his boss for wrongful termination. The London court hasn’t decided yet.

How would you decide?