A PhD mathematical student has won his action against NUI Galway over a delay in scheduling his final 'viva' exam, which delayed his graduation and damaged his employment prospects.

Isaac Burke (27), of Castlebar Co Mayo, who represented himself in the proceedings, was awarded damages of €13,035 by Judge Raymond Groarke at Galway Circuit Civil Court for breach of contract.

Separately, Mr Burke and three of his siblings are currently bringing a religious discrimination case against NUI Galway after they were banned for life from all student societies at the university in 2014.

Mr Burke broke down in tears during his evidence as he detailed his "hurt," "upset," and "confusion" after his supervisor Dr Emil Skoldberg failed in his duty as lead supervisor to schedule Mr Burke's examination, with an external examiner after he submitted his thesis on January 31, 2017.

The NUI Galway Postgraduate Guidelines and Regulations state that a viva, an oral examination, is typically held within two months after a PhD student submits their thesis.

Mr Burke told the court he became increasingly concerned about the lack of communication from Dr Skoldberg, whom he had enjoyed a good relationship with throughout his PhD studies.

Dr Skoldberg, in his evidence, admitted he failed in his duty to Mr Burke and did not open the emails sent to him by Mr Burke in April and September 2016 as he was undergoing "personal difficulties."

He said: "I can tell the court I was having personal difficulties in coping with the demands of my role".

Under cross-examination by Mr Burke, Dr Skoldberg said the fact he hadn't arranged the viva exam was "weighing on me."

"I should have been able to do it. I could not get over the hump."

He also said that when he bumped into Mr Burke in the corridor in June 2017 and felt "embarrassed" he had not organized the exam. He said Mr Burke was understanding and said as long as he could graduate in Autumn.

However, the court heard Dr Skoldberg went on a six-month sabbatical on July 1, 2017, without making the necessary arrangements.

The court that in the following October, Mr Burke, having not heard from anything from Dr Skoldberg in months, was at his "wit's end."

He told the court he broke down in front of his mother, Martina Burke, and told her of his anxieties around his PhD.

Martina Burke, in evidence, told the court she demanded the name and number of his heads of the department and proceeded to contact them.

Professor Graham Ellis gave evidence of a 'difficult' conversation he had with Martina Burke, which descended to a row where he said Mr Burke needed 'a kick in the ass' for not bringing the issue to the attention of the department sooner.

Prof Ellis apologised in court for his comments. He said he was particularly attuned to Martina Burke's claims her son had suffered mental distress as he had recently lost his son in a personal tragedy.

He said he asked Mrs Burke to stop talking about mental health problems in young people and explained his reasons.

Prof Ellis felt Mrs Burke's response lacked empathy, and that is why he responded in the manner he did.

In her evidence, Mrs Burke said she did sympathise with Prof Ellis and found his words "highly offensive".

The court heard that following effort by Prof Ellis, a viva exam was arranged for November 7, 2016. However, Mr Burke did not accept the offer and, to this day, has not taken the exam and has therefore not been conferred with his doctorate.

Judge Groarke found in favour of Mr Burke and awarded damages relating to lost earnings due to breach of contract.

The court will reconvene in the morning to hear submissions concerning the awarding of damages relating to mental distress caused by the same breach of contract.

Online Editors