Secondary teachers have won a major victory in their pay battle with the Government, following a ruling that the Department of Education illegally deducted three days' pay from them before Christmas.
Some members of the Association of Secondary Teachers, Ireland (ASTI) are expected to seek damages on the basis of the ruling from the data protection commissioner, Mr Joe Meade.
He said the Department contravened the Data Protection Act by deducting the pay using an internal list normally used for deducting union subscriptions.
Mr Meade said the list was strictly there to deduct subscriptions. It is illegal to use personal information other than for the purpose it was given. The Department has 21 days to appeal to the Circuit Court.
The finding could open the way for any teacher who lost money for work-to-rule action to take a civil action. Last night several teachers were considering this option if the Department does not appeal.
The ASTI has suspended its strike action pending the outcome of a Labour Court hearing. It has continuously claimed the Government acted illegally in deducting the money.
Teachers were very angry at the original decision and the Commissioner's findings are likely to harden their overall stance in the dispute. One senior ASTI member said: "This will anger teachers even more and the chances of a solution to the dispute have become more remote".
The Department deducted the money when teachers withdrew from supervision on three days in November, causing schools to close for health and safety reasons.
The money has since been refunded. The decision to deduct the pay also caused teachers to walk out of peace talks with a Government-appointed mediator in December.
The ASTI is expected to enter the Labour Court this week to discuss its 30 per cent claim. The court is working on a formula to solve the dispute, but most observers are sceptical about a successful outcome.
The union is planning to resume regional strikes on March 6th if the Labour Court proposals do not meet its requirements. Regional strikes are also planned for March 7th, 8th, 13th, 14th and 15th. National strikes are planned for March 21st, 28th, 29th and April 3rd, 4th and 5th.
The threat to hold more strikes has been on the cards since mid-November, as has a threat to the State exams. Current plans are simply a restatement of this. One member said last night: "We have constantly talked about the threat to the exams and nothing has changed about that".
Meanwhile, the current ASTI treasurer, Mr Michael Ward, an influential figure in the union, is being challenged for the position by another member, Mr Brian Maher. The election result is expected in April.