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Ammi Burke lodges complaint over judge's conduct in High Court case

Ammi Burke's challenge to the WRC decision was dismissed by the High Court last week
Ammi Burke's challenge to the WRC decision was dismissed by the High Court last week

Solicitor Ammi Burke has said she has lodged a complaint about the conduct of the judge who heard her recent legal challenge to the Workplace Relations Commission's rejection of her unfair dismissal claim.

In an email, Ms Burke set out her complaint to the Judicial Conduct Committee of the Judicial Council.

She copied it to Minister for Justice Simon Harris and to President of the High Court Mr Justice David Barniville.

Ms Burke’s challenge to the WRC decision was dismissed by the High Court last week.

It ended abruptly after a two-day hearing during which the judge repeatedly asked her to stop interrupting while other parties were making their submissions.

Ms Justice Marguerite Bolger returned to chambers a number of times during the hearing and sought a commitment from Ms Burke to sit down and listen to the other side.

On the second day of the hearing, Ms Burke took issue with the court printing out copies of a legal judgment, which she said was favourable to the other side.

She accused the judge of assisting the other parties in the case.

Ms Justice Bolger also rejected an application by Ms Burke for the judge to recuse herself from the case.

She 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.

Ms Burke 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 her 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 of 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 she 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 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 officer could dismiss a claim due to "obstructive conduct".

Lawyers for the WRC and Arthur Cox asked the judge to dismiss the case in the High Court.

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".

Ms Justice Bolger described as "appalling and extraordinary" that a qualified solicitor would conduct herself in such a manner in the court. She dismissed the case.

Ms Burke has now complained about the judge's refusal to recuse herself as well as her decision to distribute copies of the legal authority which Ms Burke says was favourable to the other side.

However, it is unclear if the Judicial Conduct Committee has received the complaint or if it will accept it, as such complaints have to be lodged using a specific form provided on the website.