Angry secondary teachers last night threatened High Court action after the Department of Education said it would not be paying teachers for any of the eight days of their industrial action starting on Tuesday.
The Minister for Education, Dr Woods, said any member of the Association of Secondary Teachers, Ireland (ASTI) who caused classes to be cancelled by withdrawing from supervision duties during this period would not be paid.
The ASTI is not expecting payment for two of the eight days when all-out strikes take place, but wants payment for the remainder when members withdraw from supervision.
The Department of Education regards voluntary supervision as a normal part of teaching duties although ASTI members are not obliged to perform this work under their contract.
With the ASTI set to seek an injunction preventing the Department from withdrawing payments, the High Court must decide whether the withdrawal of supervision represents industrial action. School managers have said the lack of supervisory cover will force schools to cancel all classes because the health and safety of pupils cannot be guaranteed. Supervision will be withdrawn on November 16th, 22nd, 23rd, 28th, 29th and 30th.
The ASTI general secretary, Mr Charlie Lennon, said ASTI lawyers had advised that Dr Woods could not withhold payment. "The ASTI will take whatever action is necessary, through the courts or otherwise, to force the Department to reverse this decision," said Mr Lennon.
In another sign the dispute was escalating, Dr Woods advised schools to consider asking parents or other people to supervise pupils instead of teachers during the six days.
This would mean classes remaining open. However, school managers described the idea as "unhelpful" and "too little too late".
In a separate development, the other second-level teachers' union, the Teachers' Union of Ireland (TUI) said it would be balloting for industrial action shortly, with a result expected in early December.
Strike action would follow unless the Government brought forward the benchmarking process set up under the national pay deal, said TUI president Mr John Mac Gabhann.
Ms Mary Hanley, president of the National Association of Principals and Deputy Principals, said last night she supported the stance of school managers in relation to parents acting as supervisors.