Science Foundation Ireland (SFI) has said its termination of Prof Philip Nolan’s director general contract 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 former member of the high-profile National Public Health Emergency Team (Nphet) sued the foundation last May seeking to prevent his dismissal.
The High Court granted him a short injunction halting his dismissal from his director general post for five weeks while various court applications were pending. The same judge, Mr Justice Rory Mulcahy, in June refused to substantially extend the injunction.
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On Friday, Prof Nolan’s senior counsel, Padraic Lyons, instructed by Daniel Spring & Co Solicitors, 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 Eireann/Research Ireland as a result of a merger of SFI and the Irish Research Council, wishes to acknowledge the “significant contribution” of Prof Nolan in the formation of Tagihde Eireann and to the development of research and innovation in Ireland, particularly during his time at SFI.
It said the organisation regrets the “unauthorised and harmful publication (from unknown sources) of incomplete internal reports”.
This is related to an SFI inquiry into claims made against Prof Nolan, then director general, by five senior staff members in December 2023. Prof Nolan strongly disputed the allegations.
“We confirm that there were 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 statement said.
In his June judgment refusing to extend the injunction, Mr Justice Mulcahy said the principal question for the court was whether Prof Nolan was dismissed for misconduct (which would have entitled him to fair procedures before dismissal) notwithstanding SFI’s claim to the contrary.
The judge noted the director general’s contract permitted the SFI board to dismiss “for no reason at all”.
He said the SFI board gave some reasons for the dismissal which are “no doubt connected” to disruption following the December 2023 claims. The judge said Prof Nolan may be able to show at full trial that this was, in substance, dismissal for misconduct, but the current evidence did not establish this.
An inquiry into the December 2023 allegations made no findings against the director general but concluded he engaged in inappropriate behaviour and this could ground allegations of gross misconduct. Prof Nolan has always strongly denied this charge.
He argued he should have been permitted to defend himself via a disciplinary process but was instead dismissed. SFI argued that the “only basis” for terminating his employment was by reference to the “express terms” of his contract.
Prof Nolan was appointed CEO-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, such as liability for legal costs in the High Court.
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