LAST UPDATE | 30 May

A HIGH COURT judge has granted an interim injunction that will temporarily reverse the decision by Science Foundation Ireland to dismiss Philip Nolan as its Director General.

Senior Counsel Padraic Lyons, Nolan’s barrister, told the court that his client was “grievously wronged” by the “astonishing” decision by the SFI board.

Mr Justice Rory Mulcahy this afternoon agreed to grant an interim injunction that will temporarily reverse Nolan’s dismissal from SFI.

The injunction will only apply until 2pm tomorrow when the matter will come back before the court. SFI was not in court today but will be notified so it can respond to the claims tomorrow.

Lyons, instructed by Daniel Spring & Co Solicitors, told the court that Nolan was notified on Monday he was being dismissed from his role as Director General.

Lyons 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 added.

Mr Justice Rory Mulcahy said Lyons, on behalf of Nolan, “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 complaints were made by five people via protected disclosures from 19 to 21 December 2023.

A subsequent investigation and report by Senior Counsel Tom Mallon referred to Nolan’s conduct as “inappropriate behaviour” but said it “fell short of bullying”, the court heard.

The report also noted that a disciplinary process would be required to consider these allegations. 

‘Astonishing and precipitous’

Lyons said that up until Monday, it had been indicated to Nolan that such a process would be followed.

However, following a meeting that afternoon, the board took a “truly astonishing and precipitous course of action” and dismissed Nolan.

Lyons told the court that Nolan has been “grievously wronged” and should be reinstated to his position.

“He started the week as Director General of the SFI and he should finish the week as Director General of the SFI,” Lyons said.

Nolan believes the allegations against him are “without foundation”, the court heard, but he “engaged in a forthright manner in the entire process”.

Lyons said Nolan “rejects emphatically” that he engaged in inappropriate behaviour, but he is open to a process of “mediation” with other staff members who disagree with this stance.

Only a small number of people had a copy of the investigation and Nolan believes someone from SFI “leaked” the document to a journalist, Lyons said.

The story was broken by the Irish Independent earlier this month and subsequently covered by several other outlets.

Lyons said some of the media coverage around the issue has been “highly adverse [for Nolan] from a professional and reputational perspective”.

In a statement on Tuesday, SFI said Nolan had stepped down and a new acting director had been appointed.

SFI is responsible for funding scientific research in Ireland, it manages the awarding of over €200 million in grants annually.