Ammi Burke has failed to convince a High Court judge that she should recuse herself from hearing her case against a decision of the Workplace Relations Commission (WRC).
She claimed the judge could not approach proceedings with impartiality for several reasons, including a claim that she had already established views on the core issues.
Among Ms Burke's arguments for the judge to recuse herself was her claim that she had a “close relationship” with the barrister representing her former employer, the law firm Arthur Cox.
But Ms Justice Marguerite Bolger rejected any suggestion that she could not approach the case without bias because of that relationship.
She also rejected claims that she had entrenched views on a core issue in this case.
Ammi has lost her fourth (and final) argument as to why the judge should recuse herself ❌
This one related to her claim that the judge must have had a conversation with her former employer before they put her forward as a proposed mediator in 2020.— Frank Greaney (@FrankGreaney) May 3, 2023
Once the recusal application was refused, Ms Burke opened her case by saying the main issue relates to the nature of proceedings at the WRC.
She says it is “inquisitorial” in nature, in that the judge actively seeks out the truth.
The other side, she claims, see the system as “adversarial” with the judge acting as a “passive umpire.”
She has been given three hours to present her case.
