Prof Philip Nolan refused significant extension of orders preventing dismissal from SFI

Professor Philip Nolan has failed in his bid to secure a significant extension of High Court orders preventing his dismissal as director general at Science Foundation Ireland (SFI).

Mr Justice Rory Mulcahy said he plans to discharge his earlier order, preventing dismissal, but will not do so until he formally makes final orders in this application. He also refused to grant orders permitting Prof Nolan to return to work pending determination of his court case.

He said the board was entitled to dismiss the director general “for no reason at all” in accordance with the terms of his contract. The reasons for its decision are “no doubt connected” to disruption following the making of claims against Prof Nolan by five senior staff members last December, he said.

[ Philip Nolan v Science Foundation Ireland: The dispute that has rocked Ireland’s science community ]

Prof Nolan may be able to show at a full trial of the case that this was, in substance, dismissal for misconduct, the judge said. However, on the current evidence he has not established that he has a “strong case likely to succeed” that the SFI board’s decision was based on a conclusion he was guilty of misconduct.

The judge said he has not met the necessary threshold for granting mandatory orders preventing his dismissal. The case will be listed before him on July 4th.

Three weeks ago, Mr Justice Mulcahy granted Prof Nolan orders halting his dismissal for one day, after which SFI told the court it agreed, without prejudice, to an extension of these until the judge rules on this application for “interlocutory” orders, which would have lasted until the case is resolved.

A former member of the National Public Health Emergency Team (Nphet) who came to public prominence during the Covid-19 pandemic, Prof Nolan first turned to the High Court days after receiving a letter from the SFI board purporting to terminate his contract, with three months’ salary paid in lieu of working out the notice period.

The letter noted two reports on claims made against him by five senior staff made no findings of bullying or corporate governance breaches against him.

However, the board believed there was a “threat of the most serious kind” to the foundation’s performance of its statutory duties and a “breakdown” in relations between Prof Nolan and the executive committee.

The court has heard that, while a barrister’s investigation into the claims against Prof Nolan made no findings against him, it concluded he engaged in inappropriate behaviour that could ground allegations of gross misconduct. Prof Nolan emphatically rejects the charge.

Prof Nolan’s lawyers argue there was “no conceivable justification” for his dismissal. The allegations made against him “without foundation” last December were part of an “orchestrated” bid to frustrate reform of the foundation, he claims.

SFI, represented by Mark Connaughton SC and Shelley Horan BL, instructed by McCann Fitzgerald solicitors, contends Prof Nolan was let go pursuant to the terms of his contract, which it says permits a “no fault” termination.

The SFI board’s chair, Prof James Peter Clinch, said the organisation was not functioning normally and was in a “dire” situation under Prof Nolan’s leadership due to a breakdown of trust.

He said the director general “struggled with his emotions when challenged or when he did not get his way”. He rejected as a “conspiracy” theory the claim there was an “orchestrated” bid to exit Prof Nolan from SFI and he emphasised the professionalism and expertise of the board.

In an affidavit, Prof Nolan said he can continue to perform his role to the benefit of SFI and a planned organisation that will emerge from the amalgamation of SFI and the Irish Research Council. He has been appointed CEO-designate of the merged body, Research Ireland.

Welcoming the court ruling, Science Foundation Ireland (SFI) said the judgment brought “greater clarity and stability to the leadership of SFI after a challenging period for the agency, its staff and our stakeholders”.

“SFI and its board have at all times sought to adhere to the culture and values of the agency; to promote accountability, to safeguard public money, to demonstrate best-in-class corporate governance, to maintain high ethical standards, and to ensure a culture of dignity and respect in the workplace,” the State agency said.

The agency said it was an important part of a board’s job “to take difficult decisions that are in the best interest of the organisation and to deal with crises when they arise”.

“SFI board members have taken their public service seriously in challenging circumstances and the staff of SFI have demonstrated exceptional professionalism and commitment to persevere with the Foundation’s important work,” the organisation said.

“Following this decision, SFI can now refocus on its goal to support Ireland’s ambitions to be a global innovation leader in scientific and engineering research to support the advancement of the Irish economy and society.”