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Nathan Carter

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Ammi Burke Wants Different Judge To Hear Case Of Unfair Dismissal

Tuesday, 2 May 2023 14:42

The qualified solicitor has accused the judge of having a close relationship with the barrister representing the legal firm who fired her.

The judge assigned to preside over a review of a decision to reject Ammi  Burke's claim of unfair dismissal will decide tomorrow whether she should recuse herself.

Ammi claims the judge shouldn't hear it because of previous views on the issues and what she described as her "close relationship" with the barrister for the other side.

In 2019, Ammi Burke was fired from her role as Associate Solicitor with Arthur Cox.

Last year, the Workplace Relations Commission rejected her claim of unfair dismissal and the High Court later agreed to review that decision.

Ammi claims Ms Justice Marguerite Bolger has previously expressed views on the issues at the heart of this case, and she also accused her of having a "particularly close relationship" with the barrister representing her former employer.

In a letter from 2020, sent to Ammi by a solicitor for Arthur Cox, Ms Justice Bolger (then a barrister) was listed as a proposed mediator in the dispute.

Ammi brought that up as another reason for the judge not to hear the case.

While she didn’t have any evidence to support her claim that the now judge had spoken with Arthur Cox before the letter was sent, she said "common sense" suggested that’s what happened. She then objected to the author of the letter giving a sworn statement to say that wasn’t the case. Her objection was overruled. 

A decision on her recusal application will be made tomorrow.

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