A High Court case taken by Ammi Burke over a Workplace Relations Commission's rejection of her unfair dismissal claim has been dismissed.
The case ended today after a two-day hearing during which the judge repeatedly asked Ms Burke to stop interrupting while other parties were making their submissions. The judge returned to chambers a number of times during today’s hearing and sought a commitment from Ms Burke to sit down and listen to the other side.
This afternoon Ms Burke had taken issue with the court printing out copies of a judgment referred to by one of the parties in the case and accused the judge of assisting the other parties.
Ms Justice Marguerite Bolger will issue a written judgment at a later date. The issue of costs will also be dealt with later.
Judge Bolger had yesterday rejected an application by Ms Burke for the judge to recuse herself from the case.
Ms Burke had 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 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.
At the High Court Ms Burke challenged the manner in which the hearing was conducted, submitting that it was adversarial rather than inquisitorial as it should have been.
She also claimed her behaviour at the WRC was reasonable and it was reasonable for her and her mother to repeatedly request that the hearing be conducted lawfully.
Lawyers for the WRC told the court today it was not open to any litigant to disrupt proceedings because they are dissatisfied with the ruling of the decision maker. Senior Counsel Catherine Donnelly said the court must first assess if the decision to end the WRC hearing was lawful and if it was lawful it was unnecessary to look at whether or not certain witnesses should have been called.
She said an adjudicating office could dismiss a claim due to "obstructive conduct".
Lawyers for the WRC and Arthur Cox asked the judge to dismiss the case today. Their applications followed a number of interjections from Ms Burke who said the judge was assisting the other parties in the case and "litigating the case for the WRC and Arthur Cox".
Judge Bolger described as "appalling and extraordinary" that a qualified solicitor would conduct herself in such a manner in the court. She dismissed the case.
