Past relationship does not give rise to reasonable apprehension of bias on part of Labour Court investigator

Employment law – interlocutory injunction application – appeal of High Court order that there was a serious issue to be tried concerning objective bias – complaints of bullying and harassment – Staff Anti-Bullying Policy – Internal Grievances Procedures – Industrial Relations Act 1969 – whether the failure on the part of the investigator to disclose her prior dealings with the complainant was evidence of objective bias – investigator had engaged with the complainant and the University concerning the terms of reference and had then refused to engage with the plaintiff – whether the plaintiff had established a serious issue to be tried concerning objective bias – past relationship between the complainant and the investigator could not give rise to a reasonable apprehension of bias – failure to consult with the plaintiff concerning the terms of reference – a reasonable fair-minded observer would not apprehend bias on the part of the investigator due to her refusal to consult with the plaintiff concerning the terms of reference or by reason of the fact that she had consulted with the complainant prior to deciding upon the terms of reference – cumulative effect of apprehension of bias – appeal allowed.