Solicitor Ammi Burke’s challenge to the rejection of her claim of unfair dismissal from law firm Arthur Cox has been thrown out after she persisted in loudly reciting objections while other lawyers were attempting to speak.
Ms Justice Marguerite Bolger granted an application from the Workplace Relations Commission (WRC) and Arthur Cox to dismiss the case in its entirety due to Ms Burke’s conduct, which was “undoubtedly an abuse of process”.
The Judge said she would give a written ruling explaining her decision at a later stage, but she gave an indicative view that the WRC and Arthur Cox are entitled to their full legal costs.
READ MORE: Enoch Burke and sister physically removed from court by gardai after refusing to leave
The judge apologised to the lawyers and those present for having to endure the “unacceptable, appalling situation”.
“The court is horrified that any litigant, and in particular a qualified solicitor would conduct themselves in this manner before the court,” she said.
The judge was talking while Ms Burke continuously repeated her complaint, at a raised volume, that the court was “litigating the case of Arthur Cox and the WRC”.
She was unhappy that the judge supplied printed copies of case law on Thursday afternoon that law the judge said was cited in submissions by the WRC and Arthur Cox.
Reciting from a piece of paper, Ms Burke relentlessly asked the judge to take back the printed copies. Two of her brothers, Josiah and Isaac, and her mother, Martina, sat quietly in the row behind her.
However, Martina Burke joined Ms Burke in telling the judge “God will judge you” after Ms Justice Bolger dismissed the case.
Mr Ward had urged, as the loud oration continued in the background, the court to dismiss the case on account of Ms Burke’s “deliberate and conscious obstruction of the administration of justice” following “fair warning” from the court.
“This behaviour we are being subjected to is precisely the behaviour the adjudication officer was subjected to by Ms Burke and her mother for an entire day,” he said.
Catherine Donnelly, senior counsel for the WRC, said her client was supporting the dismissal application.
Ms Justice Bolger asked for authorities that would guide the court on whether it is possible to dismiss a judicial review case due to an applicant’s conduct. Mr Ward said the situation was “probably unprecedented”.
The judge left the courtroom four times on Thursday due to Ms Burke persisting to speak over her and counsel in the afternoon.
Earlier, Ms Donnelly had earlier been attempting to make submissions for the WRC following the conclusion of Ms Burke’s submissions.
Ms Justice Bolger said it was “appalling” that Ms Donnelly had to speak while Ms Burke was talking. She gave Ms Donnelly permission to raise her voice to be heard.
The judge then paused the hearing after the stenographer indicated she could not transcribe what Ms Donnelly saying. When the judge returned several minutes later Ms Burke resumed her speech, resulting in Mr Ward’s application, supported by Ms Donnelly, for the proceedings to be dismissed.
Prior to the disruption, Ms Donnelly said the court cannot give “credence” to the claim it is legitimate for a litigant to disrupt proceedings if she is dissatisfied with a ruling.
It is “startling”, she said, that Ms Burke argued it was reasonable for her and her mother, Martina, to repeatedly ask WRC adjudication officer Kevin Baneham to reverse his refusal to summon two witnesses and to order Arthur Cox to disclose certain emails Ms Burke wanted.
There is an obligation on litigants to abide by rulings, and a WRC officer is entitled to dismiss a claim due to obstructive conduct, she said.
There is also “no basis” added Ms Donnelly, for the court to conclude that the WRC’s guidance is unreasonable, unfair or beyond the WRC’s powers, as was contended by Ms Burke.
Mr Baneham rejected Ms Burke’s complaint that she was unfairly dismissed in November 2019. He said, in his April 2022 decision, he had inquired into her claim but the hearing could not proceed due to persistent interruptions by members of the Burke family.
Ms Burke, of Castlebar, Co Mayo, submitted to the High Court on Thursday morning that it was “not at all unreasonable” for her and her mother to repeatedly ask the officer to conduct the hearing lawfully.
Ms Burke has claimed she had a faultless record during her time at the law firm from May 2016 until she was fired without warning in November 2019.
Opposing her case at the WRC, Arthur Cox, represented by Mr Ward and Mairéad McKenna SC, said she received three months’ pay in lieu of notice and a €70,000 ex gratia payment. The firm accepted reviews of her employment were positive, but certain exchanges she was involved in led to a breakdown of trust and confidence.
On Wednesday, Ms Justice Bolger refused to recuse herself from hearing the case.
READ NEXT:
Disturbing video shows two women brawling outside Longford shopping centre as Gardai investigate
Fan looking to catch Bruce Springsteen in Dublin pub shocked to see another music superstar instead
Donald Trump in Ireland: Former US president rants about allegations during Clare visit
Pictured: The mum at centre of Sligo death probe - as investigation continues
Mob boss Daniel Kinahan likely to face charges over bogus passport - if he ever returns to Ireland
