Science Foundation Ireland (SFI) has said its termination of Prof Philip Nolan’s director general contract last May was “never intended to imply any finding of wrongdoing on his part”.
In a statement read in the Court of Appeal on Friday, the State-funded research agency said the litigation with its former chief has been “damaging to the reputations of all parties” and it is pleased that they have agreed to bring the case to a conclusion. The terms of the settlement are confidential.
The former member of the high-profile National Public Health Emergency Team (Nphet) sued the foundation, seeking to prevent his “egregious” dismissal without notice last May 27th.
The High Court restrained his dismissal for five weeks while various court applications were pending. However, the same judge, Mr Justice Rory Mulcahy, in June refused to substantially extend this injunction.
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On Friday, Prof Nolan’s senior counsel, Padraic Lyons, instructed by Daniel Spring & Co Solicitors, said he was happy to tell the court his client’s case and appeal have been settled. He told Ms Justice Caroline Costello she could strike out the appeal against the High Court’s refusal to grant Prof Nolan a long-term injunction preventing dismissal.
As part of the settlement, an agreed statement was read to the court by SFI’s senior counsel, Mark Connaughton, instructed by McCann FitzGerald solicitors.
Mr Connaughton said his client, SFI (but now called Taighde Éireann/Research Ireland as a result of a merger of SFI and the Irish Research Council), wishes to acknowledge Prof Nolan’s “significant contribution” in the formation of Taighde Éireann and to the development of research and innovation in Ireland, particularly during his time at SFI.
The court heard the organisation regrets the “unauthorised and harmful publication (from unknown sources) of incomplete internal reports”, which caused “significant reputational damage” to all sides.
The unauthorised reports, published in the media weeks before Prof Nolan was dismissed, revealed SFI held an inquiry into claims made in December 2023 by five senior staff members alleging inappropriate behaviour by Prof Nolan, then director general. He strongly disputes the allegations.
In the court statement on Friday, SFI confirmed the inquiry led to “no findings of misconduct or poor performance made against Prof Nolan and the termination of his contract was never intended to imply any finding of wrongdoing on his part”.
The agency wished him “every success in his career”.
In a statement, Prof Nolan said he was “very pleased” that his legal proceedings against SFI had been “fully resolved”.
He added that he welcomed SFI confirmation’s that there were “no findings of misconduct or poor performance made against me” and their “acknowledgment of the significant reputational damage that resulted”.
“I am deeply grateful to my legal advisers for their advice, guidance and support, which ultimately led to the successful resolution of these matters,” he said. “I have nothing to add other than to welcome this. The terms of the settlement are confidential.”
In his June judgment refusing to extend the injunction, Mr Justice Mulcahy said it was not disputed that the director general’s contract permitted the SFI board to dismiss “for no reason at all”.
The main question for the court was whether SFI’s May 27th dismissal of Prof Nolan was for misconduct, which would have entitled to him to a fair procedure process.
SFI told the court that the “only basis” for terminating his employment was by reference to the “express terms” of his contract, not misconduct, so it did not need to afford him fair procedures.
Mr Justice Mulcahy said the evidence before the court in June did not establish SFI dismissed Prof Nolan for misconduct, although it was possible that this conclusion could change if the case went to a full trial.
He said SFI’s court submissions sought to make a virtue of it having been made clear to Prof Nolan that he had not been dismissed for misconduct, but the May 27th dismissal letter to him “left significant doubt that that was the case”.
The judge said Prof Nolan’s case may have achieved some of its aims, as it led to SFI confirming “in clear terms that he was not dismissed for misconduct”.
Prof Nolan was appointed chief executive designate of Research Ireland. Minister for Research, Innovation and Science Patrick O’Donovan last October confirmed Prof Nolan was no longer chief executive designate.
Prof Nolan’s legal case is due to be mentioned before Mr Justice Mulcahy next week to deal with ancillary matters, including liability for legal costs in the High Court.
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