An internal inquiry by a senior legal figure into allegations that unfair procedures were used to fill a senior job in the Teachers Union of Ireland has broadly exonerated the union's leadership. Mr Brian O'Moore SC found that fair procedures were followed in the appointment of an education/ research officer at the union.
There were complaints within the TUI last year that Mr Billy Fitzpatrick, who held the post on a fixed-term basis, should have been given the post on a permanent basis.
According to Mr O'Moore, there were several complaints internally that Mr Fitzpatrick "should have been made permanent education/research officer without any competition or advertisement of the post".
It was also alleged that a new education requirement, a master's in education, changed the job specification. Some within the union claimed Mr Fitzpatrick "was not consulted or forewarned about these changes".
A special conference of the union takes place on Tuesday in Co Donegal to discuss the dispute over the appointment. It will be followed by the union's annual conference.
In his conclusions, Mr O'Moore, who was appointed by a committee of the Bar Council to investigate the matter, says: "I believe the filling of the post was carried out in accordance with the rules of the union."
He adds: "I also believe the filling of the post was done in a fair manner . . . I should say that my inquiries have led me to believe that a real effort was made to fill the post in a fair and transparent manner."
However, he is critical of how the post was advertised. The advertisement said the ideal candidate should have "teaching qualification, preferably a master's in education". He says the union leadership was not authorised to insist on this condition.
On the issue of job specification, Mr O'Moore says it does not appear that Mr Jim Dorney (TUI general secretary) played an improper part in devising the specification or briefing officers on the interview board about it.
Mr O'Moore rejects the allegation that Mr Fitzpatrick's involvement in a survey on bullying in the TUI may have influenced the decision not to appoint him to the post. He also found that briefing documents sent to one member of the board - Dr John Coolahan of NUI Maynooth - were "quite appropriate".