There is a crisis within the department of German at University College Cork, the High Court was told yesterday. The claim was made during an application by the head of the department, Prof Mary Howard, to continue an order restraining her removal from the post pending the outcome of legal proceedings.
In court yesterday an undertaking was given that the UCC president, Prof Gerry Wrixon, will remove himself from the selection committee which is to decide who will become the next head of the department.
Mr Ercus Stewart SC, for UCC, also undertook to extend the deadline for applications for the position of department head by a further week. He added that the head of personnel in UCC would also not sit in on arrangements regarding the appointment.
The undertakings were given on the second day of an action by Prof Howard, who is professor of German and head of the department.
Last May Prof Howard secured a temporary injunction against the college restraining her removal as department head. Now she is seeking to have that order continued pending the outcome of her legal action against UCC.
She wants an interlocutory order restraining UCC from removing her as department head or from appointing anyone in her place.
Prof Howard took up her appointment as both professor and department head in January 1994. She claims that, despite the fact that she was appointed for "at least five years" to the position as head of department, UCC was now seeking to make a new appointment.
She said Prof Wrixon had invited her to resign her department position. Although she had since been invited to apply for the position of head of department, she considered this to be "a sham" since Prof Wrixon was chairman of the selection committee and any candidate chosen for the position had to be approved by him.
Yesterday Mr Stewart, for UCC, said it accepted Prof Howard was still head of department, although a selection process was proceeding. Apart from Prof Howard, who had so far not applied, there was one other eligible candidate for the position. Prof Howard was eligible to apply, and all she had to do was to express an interest.
The deadline for her application would be extended by one week, he said.
Counsel argued there was "a crisis" within the German department in UCC. The college had a duty of care to its own staff and had an obligation to investigate allegations of bullying and harassment when they were made, he added.
The governing body of UCC was entitled to terminate her appointment as head of department without reason or cause and without due notice, counsel argued. Mr Bill Shipsey SC, for Prof Howard, said UCC was not entitled to act capriciously or unilaterally, and the governing body could not remove her as head of department without cause being shown. The hearing concluded yesterday, and Mr Justice O'Donovan reserved judgment.