Prof Mary Howard, the head of the German department at University College Cork, applied for an interlocutory injunction in the High Court yesterday to restrain college authorities from removing her from her position or appointing anyone in her place.
Mr Justice O'Donovan, who will continue hearing the application today, was told that Prof Howard was appointed department head in 1994 for a period of "at least" five years. She claimed the college authorities were now seeking to remove her because of difficulties which arose within the department which were not of her making.
Prof Howard, of North Mall, Cork, got a temporary order in May restraining UCC authorities from taking steps to remove her. Yesterday, Mr Bill Shipsey SC, for Prof Howard, said his client had acted both as professor of German and head of that department in the college since her appointment.
Difficulties arose in the department and his client had suffered because of the failure of college authorities to support her. UCC seemed to think her appointment ended after 1999 and steps were taken by the college, the effect of which would be the appointment of someone else as head of department, notwithstanding that she had been appointed for at least five years and continued to act as head.
When Mr Justice O'Donovan asked whether the college authorities would undertake to take no further steps in the matter if a date in October could be found for the full hearing, Mr Ercus Stewart SC, for the college, said while the college accepted Prof Howard had been appointed as head from 1994 for at least five years, there was no question of her losing her job. She would remain as German professor.
Counsel said it was envisaged the head of department position would rotate, and Prof Howard had not applied for the position. Such a change was for the benefit of the professor, the college and the students. Rotation of the head position occurred in UCC and other colleges. Unfortunately, he could not give the undertaking sought, although he could give an undertaking Prof Howard would remain as professor of German.
The court was told that Prof Howard had been invited by the college president, Prof Gerry Wrixon, to resign her department position. She was then asked to reapply for it, but, in an affidavit, Prof Howard described this "a sham ", because Prof Wrixon was chairman of the selection committee and any candidate chosen for the position had to be approved by him.
Mr Justice O'Donovan said that if the college authorities were to appoint someone else to the position prior to the trial of the action it would put an intolerable burden on the judge trying those proceedings. He asked the college to consider the position.
The hearing continues today.