The professor of German at University College Cork yesterday obtained an order restraining UCC from removing her as head of the German Department or appointing anyone else to the post.
The interlocutory order also prevents the UCC authorities from preventing Prof Mary Howard performing the role and functions of head of the department. The injunction will apply pending the outcome of legal proceedings. Prof Howard's position as Professor of German at UCC remains unaffected by the proceedings.
Prof Howard was appointed Professor of German in July 1993 by the Senate of the National University of Ireland, and in accordance with the 1908 Universities Act was made head of the department for at least five years. UCC has indicated it wants the head of department to be a rotating appointment.
Yesterday Mr Justice O'Donovan noted that allegations of impropriety with regard to her conduct as department head had been made against the professor, while she, in turn, had complained about the manner in which the UCC authorities purported to investigate those allegations and failed to vindicate her position.
There was no doubt in his mind that, if she was removed but still continued as Professor of German, the public perception would be that her role as department head had been terminated because of misconduct of the kind alleged against her.
Because it appeared that the only person apart from Prof Howard who was eligible for the position of department head was among those critical of her, there was no doubt in his mind that, if any of her critics was appointed, everyone would assume that not only had she been removed because of that criticism, but also that the criticism was justified.
If she was deprived of her post as department head and it subsequently transpired this deprivation was unlawful, it was unlikely any award of damages would adequately compensate her for the injury to her reputation, he said.