PROFESSOR PHILIP NOLAN will remain in his role as Director General of Science Foundation Ireland (SFI) for at least the next 11 days, but will not return to work before a provisional hearing at the High Court next month. 

A scheduled hearing was held this afternoon in order to hear a reply from SFI to the decision to grant an interim injunction that temporarily reversed the decision to dismiss Nolan from his role. 

The court heard that both parties wished for the matter to return to court on 11 June. 

Yesterday, Mr Justice Rory Mulcahy granted an interim injunction to temporarily reverse the decision by SFI to dismiss Nolan.

Padraic Lyons SC, Nolan’s barrister, had said his client was given “absolutely no warning” that he would be dismissed. Nolan has been caught up in a “media storm” and “hasn’t been given the opportunity to defend himself”, Lyons told the court yesterday.

Mr Justice Rory Mulcahy had said that Lyons “made a strong case likely to succeed”. He said, based on SFI’s own procedures, a disciplinary hearing should have taken place prior to Nolan’s dismissal.

The board of SFI made the decision to dismiss Nolan after considering the findings of an investigation into five misconduct allegations made by staff members against him, which he has strongly denied.

The injunction granted yesterday was set to last until 2pm today. 

Addressing the court this afternoon, said that orders which preserve his employment and restrain his dismissal “is a crucial issue regarding his return to work”. 

Lyons, instructed by Daniel Spring & Co Solicitors, told the court that both parties were asking that the matter be listed for hearing on Tuesday, 11 June.

He said that if that were possible, there would be an affidavit from SFI issued on 4 June, and a replying affidavit from Nolan two days later on 6 June. 

Written legal submission would then be made on 7 June and a final submission would be delivered on 10 June, ahead of the hearing on 11 June. 

Senior Counsel Mark Connaughton, on behalf of Science Foundation Ireland, highlighted the “unusual circumstances” of the case and said there was “a lot to be argued” about the case.

Connaughton, instructed by McCann Fitzgerald, told the court he was mindful of the fact that “we’re agreeing an adjournment” with the interim injunction remaining in place. 

He told the court that SFI would like to note that “at no stage has any reference been made to the express written terms of the contact, and that was the only basis by which termination was effected”. 

He said the board “expressly determined that it was not going down the road of invoking disciplinary procedures”. 

Lyons said both parties would “let matters rest where they are” until the 11 June hearing.

He said Nolan feels he is entitled to return to work and “it is essential that he do so”, but that he would physically not return to work in the intervening period. 

Lyons told the court that Nolan is locked out of his emails and internet access since he was dismissed by SFI on Monday. 

He said that for the purposes of a replying affidavit, he could “envisage a situation” where Nolan “might have to respond to something that he doesn’t have access to”. 

However, Connaughton told the court: “That’s not going to be an issue. There’s no question about that.”

Justice Mulcahy said that matter be listed provisionally for 11 June. He said that parties will be notified later today if there was any difficulty with that date.