Philip Nolan victim of ‘orchestrated’ bid to frustrate reform of State agency, court told

Prof Nolan’s lawyers submit there was ‘no conceivable justification’ for his firing

Prof Philip Nolan. Photograph: Niall Carson/PA Wire

Prof Philip Nolan has accused some senior members of Science Foundation Ireland (SFI) of making claims against him as part of an “orchestrated attempt” to frustrate organisational reform.

The timing of five misconduct allegations made “without foundation” against him last December by senior staff members leads him to believe they were on a “co-ordinated basis”, he says.

The protected disclosures came amid his efforts to reform the organisation and days after a consultancy firm he engaged expressed significant concern about the SFI management culture, including that the executive committee viewed Prof Nolan as director general “for the time being”, he alleges.

His allegations were made on Thursday as part of an urgent High Court application that secured a 24-hour pause to his dismissal as director general of the SFI.

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

Prof Nolan’s lawyers submitted there was “no conceivable justification” for his firing “in the most egregious fashion” last Monday night.

Philip Nolan fights back, claiming managers ‘acted in concert’ against himOpens in new window ]

In his affidavit to the court, Prof Nolan said he was “devastated” to be told last Monday that the SFI board had decided with no warning to terminate his position without giving him an opportunity to address certain allegations.

He claims an independent report prepared by barrister Tom Mallon had “vindicated” him in relation to the five misconduct claims. The court heard Mr Mallon made no findings of bullying but referred to inappropriate behaviour that could ground allegations of gross misconduct.

The court heard Prof Nolan “emphatically” rejects claims he behaved inappropriately.

Prof Nolan said the misconduct claims came amid his attempts to implement considerable change to the style and culture of the research agency amid “profound resistance” from the executive committee.

His appointment as CEO-designate of Research Ireland – a planned amalgamation of SFI and the Irish Research Council – amounted to an endorsement by Government of his leadership and strategy, he said.

The SFI board “deeply” resented that it would be dissolved to make way for a new board for Research Ireland, and “it may be this resentment that has led to the current situation in which I have found myself”, he added.

Despite pushback from the SFI board and committee, Prof Nolan said he believes the vast majority of SFI staff are in favour of change.

The judge is due on Friday to hear the State-funded research agency’s response to the claims.

Ellen O'Riordan

Ellen O'Riordan

Ellen O'Riordan is High Court Reporter with The Irish Times