The appeal hearing for solicitor Ammi Burke against the Workplace Relations Commission (WRC) was curtailed by the Court of Appeal who decided to base their verdict on the submitted written evidence. The court made this decision amid persistent objections from Ms Burke, who had previously made an unsuccessful plea for Mr Justice George Birmingham, president of the Court of Appeal, to excuse himself from adjudicating her appeal.
Ms Burke is contesting the High Court’s dismissal of her challenge against the WRC’s decision, which denied her claim of being wrongfully terminated from the law company, Arthur Cox. The court dismissed her case midway through the hearing in May based on what Ms Justice Marguerite Bolger cited as a “blatant misuse of court proceedings.”
Ms Burke insisted that Mr Justice Birmingham should not adjudicate her appeal, based on the fact her brother, Enoch Burke, is currently incarcerated and had his constitutional rights violated due to a judgment made by the judge in March 2023. Mrs Burke argued that because of this, a reasonable person may fear a lack of impartiality and that a fair trial may be compromised.
The panel evaluated her supporting affidavit for her plea but deemed it insufficient to meet the standards for recusal. Undeterred, she continued asserting that she should have been permitted to voice her case verbally in court.
Allowing Ms Burke to contemplate whether she wished to carry on with the appeal or have the case judged solely on written documents, the judges temporarily left the courtroom. On their return, she reiterated her request for recusal. Mr Justice Birmingham responded by telling Ms Burke, “You are making a spectacle of yourself.” Following this, her mother, Martina Burke, labelled him a disgrace.
Ammi Burke expressed her refusal to have her appeal handled by a panel which includes Mr Justice Birmingham. Following this, the presidential group consisting of Ms Justice Caroline Costello, Mr Justice Seamus Noonan, and Mr Justice Birmingham exited the court. A written verdict on Ms Burke’s appeal will be issued later.
Ms Burke’s original complaint to the WRC, alleging wrongful termination from Arthur Cox in late 2019, was dismissed due to continual interruptions from the Burke family. Arthur Cox vehemently refutes her allegations of wrongful dismissal.