In what is commonly referred to in Premiership level football as “losing the dressing room”, Philip Nolan, the director general of Science Foundation Ireland (SFI), is on a route that often leads to dismissal according to counsel for the State agency. At a recent High Court hearing, Mark Connaughton SC revealed that the Board deemed Nolan to have lost the dressing room, a decision they were in a position to make.
The board began having concerns with Nolan’s leadership as organisational dysfunction ensued. This was as a result of problems in Nolan’s rapport with the board, plus senior staff, and included the aftermath of five protected allegations made against him.
News unfolded that the board intended to instigate disciplinary proceedings following Tom Mallon SC’s findings, that Nolan had acted poorly towards certain senior managers. Such improper conduct was present at the highest level regarding two members of the senior staff, though it did not amount to bullying, nor were there cases of corporate governance violations.
Furthermore, the board chairman Prof Peter Clinch, proposed that SFI had the right to choose another direction under pressing circumstances that could potentially jeopardize the organisation’s smooth operation. The employer possesses an “absolute right to terminate employment unless the contract indicates otherwise”, a fundamental principle of employment law.
Connaughton confirmed incidents of unauthorised release of extremely confidential material connected to the allegations made, which had adverse effects on Nolan. However, he insisted that this was a separate matter and an investigation into the source of these leaks had identified no one from the organisation.
The counsel clarified that Nolan’s dismissal would not be on grounds of misconduct. He may still resume his role at Maynooth University without any tarnish on his record. Nolan’s prospects of remaining the “CEO in line” for a new agency that plans a merger of SFI and the Irish Research Council will require the Minister’s decision.
In the weeks leading up to his termination, there was a clear indication that the dispute could be settled through mediation. This suggestion was detailed in a correspondence sent to the board by Colm O’Reardon, the secretary general of the Department of Further and Higher Education, Research, Innovation and Science, on April 26th under the instruction of Minister, Patrick O’Donovan. Though denying all accusations of improper behaviour, Nolan was the one who proposed this method.
The letter advised, “Since no infringement of good corporate governance or incidence of bullying has been discovered, the board may want to think about if it would be pertinent to consider mediation for the resolution of this matter. This approach appears to be aligned with the Protection of Dignity at Work Policy by Science Foundation Ireland.”
Nonetheless, the board at this stage believed that SFI was functioning in a way that threatened its legal duties, and hence chose to terminate Nolan’s contract without warning a month later. They were of the opinion that he “lacked support from the leadership team”. As a result, reinstating him to his position now was deemed “impracticable”.
[What should we expect in the next chapter of the Philip Nolan drama?]
Nolan’s counsel, Padraic Lyons SC, claimed that Nolan’s reputation is the central issue of the case and this was of “maximum seriousness” for his client. Lyons stated that the public allegation of sexism made against him, despite being dismissed as hearsay by the investigator, was excessively disgraceful. “Such repeated attempts threaten to harm his reputation in the worst possible way, without granting him the chance to refute the claims and vindicate his character.”
For those reasons, Lyons stated, “fair procedures must be adhered to… SFI needs to demonstrate a significant level of involvement because the question of reputation is at stake.” He further added, “As he has not been suspended, he has the right to resume his duties.”
Mr Justice Rory Mulcahy, following the preliminary hearing, prolonged the orders restraining Nolan’s dismissal until a decision is made next week.