The attempt by Professor Philip Nolan for a substantial extension of High Court orders against his termination as the director general at Science Foundation Ireland (SFI) was unsuccessful. Justice Rory Mulcahy intends to rescind his previous order of blocking the dismissal, though it will remain effective until formal final orders in this appeal have been put into place. He rejected granting orders that would allow Prof Nolan to resume work while his court case is in progress.
The judge ruled that the board had the discretion to terminate the director general’s contract “without providing any reason”, explicated by the terms of the contract. He noted that their decision is likely linked to the chaos ensuing from the allegations raised against Prof Nolan by five high-ranking staff in the past December.
[ The conflict between Philip Nolan and Science Foundation Ireland: A major shakeup in Ireland’s scientific community ]
According to the judge, it is possible for Prof Nolan to demonstrate at a comprehensive trial that his termination was essentially due to misconduct. However, he has, so far, failed to substantiate a “robust case with a high likelihood of success” that the board’s decision was a result of a presumption of his involvement in misconduct.
Justice Mulcahy underlined that Prof Nolan did not meet the requisite standards to issue obligatory orders against his dismissal. The matter will appear before him on July 4th.
Three weeks before, Prof Nolan received orders from Justice Mulcahy for a day-long suspension of his dismissal, after which the SFI court decided to provisionally extend these until a verdict on this application for “interim” orders, that would remain valid until the completion of the case.
A previous member of the National Public Health Emergency Team (Nphet), who came into public limelight during the Covid-19 pandemic, Prof Nolan appealed to the High Court shortly after receiving a letter from the SFI board intending to terminate his contract, offering a three months’ salary as a payout for the notice period.
The letter highlighted that two investigations into the accusations levelled against him by five top-level staff did not detect any instances of bullying or violations of corporate governance.
The board argued that the functioning of the foundation was under severe threat due to a significant breakdown in relations between Prof. Nolan and the executive committee. Despite an investigation by a barrister into allegations again Prof. Nolan resulting in no formal proceedings, it was concluded that he exhibited improper behaviour which could warrant gross misconduct allegations – a charge Prof. Nolan strongly rejects.
Prof. Nolan’s legal team has asserted that there wasn’t any reasonable justification for his dismissal. They believe the accusations levelled against him last December lacked substance and were an orchestrated attempt to obstruct the foundation’s reform, as claimed by Prof. Nolan.
SFI, represented by Mark Connaughton SC and Shelley Horan BL and advised by McCann Fitzgerald solicitors, insists that Prof. Nolan was released according to his contract’s provisions, enabling a ‘no fault’ termination.
The chair of SFI’s board, Prof. James Peter Clinch, expressed that under Prof. Nolan’s leadership, the organization was not performing as expected and was confronted with a severe predicament due to mistrust. He attributed the director-general’s struggle with emotional management when faced with opposition or if things did not go his way. He dismissed the orchestrated plot to remove Prof. Nolan from the SFI as a conspiracy theory and applauded the board’s professionalism and expertise.
In a sworn statement, Prof. Nolan affirmed his commitment to furthering SFI’s mission, as well as enhancing the planned organisation that will result from SFI’s merger with the Irish Research Council. He has been nominated as the CEO of the soon-to-be unified body of Research Ireland.
Science Foundation Ireland (SFI) lauded the court’s decision, stating that it brought increased stability and clarity to SFI’s leadership following a trying phase for the institution and its stakeholders.
The state agency emphasized their commitment to their agency’s culture and values, prioritizing accountability, safeguarding public funds, upholding strong ethical guidelines, and promoting a workplace environment of dignity and respect. The agency also stressed the board’s responsibility in making challenging decisions in the organization’s best interest and addressing any arising crises.
The organisation commended the SFI board members for taking their public duties with utmost seriousness under challenging conditions. It also praised the SFI staff for their extraordinary professionalism and steadfast commitment, enabling the Foundation to maintain the momentum of its vital tasks. Following this recent decision, the organisation stated that SFI is now able to re-concentrate on its core objective of backing Ireland’s aim to be a global frontrunner in scientific and engineering research. This is essential to further progress the Irish economy and society.