Prof Philip Nolan: has taken a High Court case over his dismissal as Science Foundation Ireland director general. Photograph: Niall Carson/PA Wire
Padraic Lyons SC told the court on Tuesday that, in late April, a representative for Minister Patrick O’Donovan wrote to SFI noting that an independent barrister’s investigation into claims against Prof Nolan by five senior staff members made no findings of bullying or breaches of corporate governance.
Mr Lyons, instructed by Daniel Spring & Co Solicitors, said the SFI board gave a “thin-skinned” response to the Minister’s letter, saying it was surprised he would suggest mediation before a disciplinary process into the outstanding claims was initiated. This reply indicated that there would be a disciplinary process, said Mr Lyons, but the SFI board went on to summarily dismiss his client last May 27th without any such process, which would have allowed his client to defend himself.
He said he board had to consider whether it was in SFI’s best interests to “prolong this matter and the discord it has produced, including the loss of trust at the executive level that is a clear threat to the ability of the foundation to meet its statutory function”. SFI’s senior counsel, Mark Connaughton, instructed by McCann Fitzgerald solicitors, previously said the “only basis” for terminating Prof Nolan’s employment was by reference to the “express terms” of his written contract. SFI has yet to outline its full defence to the court.
The Department of Research, Innovation and Science had acknowledged a need for change but, Prof Nolan said, there was “profound resistance” to this aim from the senior management team. He believes most of SFI’s 120 staff members are in favour of reform.