The High Court has learned that the Research, Innovation, and Science Minister proposed potential mediation to manage the continuing issues involving Science Foundation Ireland (SFI) and Professor Philip Nolan accused by five senior staff members. The minister’s suggestion followed a lack of results from an independent legal inquiry into claims against Professor Nolan.
Senior counsel Padraic Lyons SC, representing Professor Nolan, who is attempting to prolong orders that prevent his removal, noted to the court on Tuesday an instance of “absolute refusal” by the government-backed research agency to consider his client’s frequent proposals for dispute resolution.
According to Mr. Lyons, in late April, an envoy for Minister Patrick O’Donovan conveyed to SFI that the representative’s scrutiny of the claims against Prof. Nolan found no evidence of workplace bullying or department regulation violations. The department’s chief civil servant, writing for the recently appointed Minister in reply to earlier communications from SFI, suggested that it would be in the agency’s utmost “favour” to address the issues quickly and that arbitration could be a satisfactory method forward.
Remaining to be evaluated by SFI is the investigative documentation’s final statement that Prof Nolan showed unsuitable behaviour that could substantiate allegations of severe professional misconduct. Prof Nolan outrightly denies this accusation.
Mr. Lyons informed that the SFI board responded tepidly to the Minister’s communication, expressing astonishment that he would recommend arbitration before starting a disciplinary procedure into the ongoing allegations. However, the SFI board subsequently and abruptly fired his client on 27th May, without any such disciplinary method, which would have permitted his client to defend himself.
Currently, it is “indefensible” for SFI to claim that it released Prof Nolan not due to professional misconduct grounds, but because it was invoking its contractual right to let go.
Professor Nolan requests Justice Rory Mulcahy to continue orders to stop his firing from his Director-General position. His legal team argues that there was “no plausible rationalisation” for the movement. SFI opposes his allegations and is fighting his application, which carries on this afternoon.
In a letter dated 27th May that terminated Professor Nolan’s contract, the SFI board’s chair, Professor Peter Clinch, noted a company group’s report suggesting the initiation of disciplinary procedures related to instances of unsuitable behaviour cited in the legal inquiry.
The board took into account whether prolonging the matter, including the discord and loss of executive trust it has instigated, would be beneficial for SFI in fulfilling its legislative duty, as indicated by him. According to Professor Clinch, it was concluded that initiating a disciplinary action would not be to the advantage of either the foundation or yourself, emphasising that the board cannot permit the situation to continue.
He acknowledged that Professor Nolan has disputed some of the report’s findings, but stated the board has made the decision that terminating his contract is the prudent path to follow. Mark Connaughton, SFI’s senior counsel, instructed by McCann Fitzgerald solicitors, had previously stated that the “sole justification” for ending Professor Nolan’s employment contract was in line with the “explicit clauses” of his written agreement. SFI has still not presented its full defence before the court.
During the pandemic, Professor Nolan gained public attention by heading the epidemiological modelling group of the National Public Health Emergency Team (Nphet). He has previously held the position of Maynooth University president.
In January 2022, Professor Nolan took up the position of director general, and he argues that the unfounded allegations made against him last December are part of a planned attempt to obstruct his considerable efforts to substantially overhaul the organisation. Although the Department of Research, Innovation and Science acknowledged the need for modifications, Professor Nolan has stated there is strong reluctance to his objective from the high-ranking management team, despite the majority of SFI’s 120 staff members supporting reform.
The Government designated him as the future CEO of Research Ireland, suggesting an endorsement of his leadership style and strategy. This is a planned amalgamation of SFI and the Irish Research Council. Believing he can continue to be effective in his role for the benefit of both SFI and Research Ireland, granted he receives the right support, Professor Nolan noted that the SFI board is about to dissolve. He warns that the organisation and its corresponding research community could be significantly impacted if the merger is postponed or halted due to actions taken by SFI.
The hearing is set to continue.