A High Court judge will rule tomorrow on whether she should recuse herself from hearing a challenge by solicitor Ammi Burke to the Workplace Relations Commission's rejection of her claim that she was unfairly dismissed by a law firm.
Ms Burke has taken a judicial review of the WRC’s decision last year to dismiss her claim that she was unfairly dismissed in November 2019 from her role as an associate solicitor in the law firm, Arthur Cox.
She claimed she had an unblemished record and was summarily dismissed at a meeting with the firm’s managing partner.
At the WRC, the firm said there had been a breakdown of trust and confidence and Ms Burke’s behaviour during and after her employment meant it was not possible to reinstate her.
The WRC’s adjudication officer, Kevin Baneham rejected her complaint in April last year. This followed a ruling by him refusing to allow Ms Burke to summon two witnesses to give evidence and to order the disclosure of certain emails.
Ms Burke and her mother, Martina, objected to the ruling for several hours and it was not possible to swear in another witness.
After several warnings to Ms Burke about her conduct during the hearing, Mr Baneham dismissed her complaint.
Ms Justice Marguerite Bolger was due to begin hearing Ms Burke’s challenge to that decision today. But Ms Burke first applied for the judge to recuse herself from hearing the matter.
In an affidavit, Ms Burke said Judge Bolger had previously expressed views in a written article in a law journal, on what Ms Burke said was a "core issue" in the case.
Ms Burke also alleged that the judge, who was previously an expert in employment law, had a close relationship with the barrister representing Arthur Cox, who are a notice party in the proceedings.
She said Judge Bolger and Senior Counsel, Peter Ward were both founding members of the Employment Bar Association of Ireland and had shared the stage at employment law events.
Ms Burke also alleged that Judge Bolger had been recommended as a mediator in the issue by Arthur Cox, before she became a judge.
And Ms Burke took issue with a statement made by the judge at a previous hearing that Ms Burke's case was "not a public interest action".
Mr Ward opposed the application, on behalf of Arthur Cox, saying Ammi Burke had adopted an extraordinary position where she refused to accept court rulings.
Senior Counsel for the WRC, Catherine Donnelly said there was no basis for the judge to recuse herself.
The judge will give her decision in the morning.
