The Office of the Attorney General has ruled that several elements of the promotion system for teachers could be discriminatory and need to be changed by the Department of Education.
Teachers' unions and school managers disagreed yesterday on what the advice from the Attorney General meant.
The body representing vocational schools, the Irish Vocational Education Association, said based on the advice it would continue to suspend all interviews for promotional posts until the Department issued new circulars clarifying matters. It said schools could still be open to legal challenge with the current system.
The Teachers' Union of Ireland called for all interviews to be resumed and said the reaction of school managers was "scare-mongering".
The Attorney General found schools which solely use seniority to decide who gets posts of responsibility - known as Ak & B posts - could run the risk of being challenged in the courts. Voluntary secondary schools use this system. It could be discriminatory if it disadvantaged part-time or job-sharing workers who have no seniority time accumulated, ruled the Attorney General.
In relation to vocational schools and seniority, the Attorney General said there were fewer problems. This is because they award 30 per cent of marks for seniority and use it as "only one of a number of criteria". However the Attorney General still suggested there should be a reduction in the emphasis on length of service.
The IVEA, which represents VECs, said "our position that the present Department circulars governing the selection process were unsafe has been confirmed by the Attorney General".
While the Attorney General said the selection process might by regarded by the courts as "passing muster", its general secretary, Mr Michael Moriarty, said the advice indicated consideration must be given to "reducing the emphasis on length of service".
TUI president Mr Joe Carolan said the Attorney General had upheld its position on the criteria for filling promotional posts in VEC schools. "The IVEA should now do the honourable thing and immediately lift the embargo as their stance has been shown to be without substance".