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ARTICLE · 25 JULY 2024

No Fault Dismissals - Case Law Update

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Further to our previous Insight on no fault terminations (see here) the issue has once again come before the High Court in the highly publicised case of Philip Nolan v Science Foundation Ireland [2024] IEHC 368.

IrelandEmployment and HR
Michelle Ryan
Michelle Ryan
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Introduction

Further to our previous Insight on no fault terminations (see here) the issue has once again come before the High Court in the highly publicised case of Philip Nolan v Science Foundation Ireland [2024] IEHC 368.

Background

The background to this case is that on 27 May 2024, the Board of Science Foundation Ireland ("SFI") terminated Mr. Philip Nolan's employment as the Director General of the organisation on the basis of a "no fault termination". Following the notification of the decision to dismiss him, Mr Nolan on 30 May 2024 obtained an interim injunction to restrain SFI from taking any further steps on foot of the decision to dismiss him.

At the hearing of the interlocutory application, Mr Nolan contended that he was dismissed due to allegations of misconduct. He argued that the decision had been reached without affording him any fair procedures and that his dismissal was therefore unlawful. SFI argued that Mr Nolan had not been dismissed

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