High Court halts dismissal of Professor Philip Nolan from Science Foundation Ireland

Lawyers for Prof. Nolan submitted there was “no conceivable justification” for his summary dismissal “in the most egregious fashion” last Monday night. File Photo: Sam Boal/RollingNews.ie

The dismissal of Professor Philip Nolan as director general of Science Foundation Ireland (SFI) has been halted by the High Court after it heard he has been “grievously wronged”.

Mr Justice Rory Mulcahy was satisfied Prof. Nolan made out a strong case that is likely to succeed at trial such that he should make orders preventing his dismissal until the case returns to court on Friday afternoon.

SFI was not present when the application was made on Thursday but will be notified and can respond to the claims on its return.

Lawyers for Prof. Nolan submitted there was “no conceivable justification” for his summary dismissal “in the most egregious fashion” last Monday night. The State-funded research agency announced on Tuesday morning that he was no longer director general and that a new acting head had been appointed.

The SFI board had been due to consider the findings of an investigation into five misconduct allegations made by senior staff members against Prof. Nolan. He vehemently denies the claims.

Padraic Lyons SC, instructed by Daniel Spring & Co Solicitors, told the court on Thursday afternoon that, throughout all his time in public service, Prof. Nolan has never before been the subject of workplace complaints.

The probe into the protected disclosures led to no findings of bullying. Instead, the investigation report refers to inappropriate behaviour for which there may be a case to answer by way of a disciplinary hearing, the court heard. Mr Lyons said his client “emphatically” rejects claims he behaved inappropriately.

The report “clearly and unambiguously anticipates that if anything is to happen it is to happen by way of a process”, he submitted. However, he said, the board did a “volte-face” and took a “most unprecedented course of action that was extremely damaging to Prof. Nolan”.

It effectively decided that the very making of allegations was sufficient to terminate his employment, Mr Lyons said. His client has been deprived of the chance to be heard on key matters, and if things are allowed to stand his reputation will be “irredeemably” tarnished.

Prof. Nolan has “more than a strong case” to warrant securing a temporary order restraining his dismissal, said counsel. While cases of this kind often allege fair procedures were not entirely followed, this is “entirely different”, as it is a “no procedures case”, he said.

Prof. Nolan, former president of Maynooth University, came to widespread public prominence as part of the National Public Health Emergency Team (Nphet) during the covid-19 pandemic. He led the team’s disease monitoring subgroup, which presented predicted scenarios to the Government and the public.

Reform

In an affidavit, he said he became director general of SFI in January 2022 and was tasked with delivering considerable reform, including a change of style and culture, particularly among the senior management team. He encountered “profound resistance” to change among the executive committee, and a pattern developed where he was undermined and excluded, he said.

He was appointed to take over an expanded national research group, Research Ireland, based on a merger of SFI and the Irish Research Council. He said he believes the SFI board and executive committee felt his actions and strategy aimed at ensuring the success of Research Ireland were not in the best interests of SFI.

It appears the SFI board “deeply resent” that the board will be dissolved to make way for a new chair and board at Research Ireland, he said. However, he feels the vast majority of SFI staff are supportive of change.

It was a “shock” to discover he was the subject of multiple letters alleging wrongdoing. The timing of the complaints, over a two-day period last December, was such that it is “difficult, if not impossible, to escape the conclusion that they were made on a co-ordinated basis,” he said.

These came in the days after an external consultancy agency he engaged expressed significant concern about the SFI management culture, he said. The Mazars interim report stated that the executive committee was operating as a “mini-board” rather than a management team and that the role of the director general had been undermined. 

He said the consultants reported that the committee feels it is entitled to run the organisation and Prof. Nolan is just the director general “for the time being”.

'Without foundation'

Prof. Nolan said he believes the allegations against him are “utterly without foundation” and made by individuals who “acted in concert" in the preparation of the reports as part of an “orchestrated attempt by them to frustrate and avoid change”. Nevertheless, he appreciated the board had to investigate the claims and presumed this would be done in good faith.

He said he was “vindicated” by the investigation report and is “deeply committed” to his work at SFI and to the Research Ireland project. The leaking of confidential information, including the contents of the investigation, to the media has caused “untold damage” to his reputation, he added.

When details of the misconduct claims came to light earlier this month, SFI said it took the investigation very seriously and was committed to the importance of a “fair, thorough, and robust process”.