Prof Philip Nolan is appealing a judge’s refusal to extend an injunction preventing his dismissal from Science Foundation Ireland and is proceeding with his wider High Court claim.
SFI asked to be awarded its legal costs, but Mr Justice Mulcahy agreed with Padraic Lyons SC, for Prof Nolan, that the issue of legal fees should follow the outcome of the substantial trial of the case.Oh, to be an employee of Dublin Port CompanyThis was justified because the issues that were central to the preliminary injunction application will remain central at full trial, he said.
The judgment said the picture of the dismissal changed decisively when SFI submitted affidavits to the court saying the dismissal was not due to misconduct but because of dysfunction within the organisation, said Mr Lyons. There were no board minutes or notes to support this asserted basis for termination, he added.
The judge discharged his earlier injunction and adjourned the High Court case to December for an update on progress in sharing documents in preparation for the full trial. Prof Nolan’s injunction appeal application is likely to come before this date. Mr Justice Mulcahy said the SFI board gave some reasons for the dismissal which are “no doubt connected” to disruption following claims made against Prof Nolan by five senior staff members last December. Prof Nolan may be able to show at full trial that this was, in substance, dismissal for misconduct, but the current evidence does not establish this, he said.
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