Former UL president gets order halting new investigation over whether PAC was misled

A former president of the University of Limerick (UL) has successfully obtained an injunction to halt a new investigation into claims she misled the Dáil Public Accounts Committee (PAC). High Court judge Marguerite Bolger ruled that Professor Kerstin Mey is entitled to an order preventing UL from initiating such an investigation while her case proceeds to a full hearing.

“

Mey had made out a fair or serious issue that she will succeed at trial in establishing such an investigation is neither permitted nor required.

Justice Bolger stated that Mey had presented a strong case, raising a "fair or serious issue" that the proposed investigation is neither permitted nor required. The judge noted that a settlement agreement reached in June 2024 between Mey and UL could preclude the investigation, potentially constituting a breach of Mey's contractual rights under that agreement. Furthermore, the judge questioned whether UL has a continuing obligation under the Protected Disclosures Act to pursue such an investigation, suggesting Mey had raised a valid point that no such obligation exists.

“

There was a fair or serious issue that a June 2024 settlement agreement between the parties precludes the investigation as a breach of Mey’s contractual rights under the settlement and is not required of UL within the provisions of the Protected Disclosures Act.

The court also found that the balance of convenience favored granting the injunction. While UL's chancellor argued the university would suffer reputational damage if the investigation were blocked, Justice Bolger recognized that Mey faced "grave" reputational harm if the injunction was refused. The judge concluded that the process had "irredeemably gone wrong," given the arguable nature of Mey's case. Allowing the investigation to proceed before a full hearing would subject Mey to scrutiny over alleged wrongdoing despite having settled related matters by agreeing to resign as president and accept less favorable employment terms.

“

UL, she said, seems to contend an employer has a “never-ending” statutory obligation to follow up on a protected disclosure and Mey had raised a fair or serious question there is no such obligation.

Mey had faced potential disciplinary action concerning due diligence and policy adherence during the 2022 purchase of a 20-house development for €12.5 million. The property, intended for postgraduate students, was later valued significantly lower by the Comptroller and Auditor General. The purchase sparked controversy, leading to a PAC hearing where Mey's explanation for the absence of a key university official drew scrutiny. Subsequent emails revealed discrepancies regarding the official's stated commitments versus his actual whereabouts.

“

grave