- Former Heathfield High School principal Wesley Neumann is challenging the Western Cape Education Department (WCED) in court to stop the appointment of a new principal.
- Neumann was dismissed for opposing the department’s directive to return children to school during the COVID-19 pandemic and has faced multiple legal battles since.
- The WCED maintains that Neumann was fairly dismissed, while Neumann claims the department is trying to financially ruin him and delay justice.
A contentious battle between former Heathfield High School principal Wesley Neumann and the Western Cape Education Department (WCED) is once again returning to the Western Cape High Court today (Tuesday 28 May), this time to stop the department from appointing a new principal at the school.
A Notice of Motion for a court order (interdict) to stop the WCED from permanently appointing a new principal at Heathfield High School will be heard. The parties have been at loggerheads since Neumann was dismissed for going against the department’s decision to have children back at school during the height of the Covid-19 pandemic in 2020. In October 2021, the WCED found Neumann guilty of alleged misconduct and insubordination for failure to carry out a lawful order without just or reasonable cause and breaching the employer’s social media policies. On 13 May 2022, Neumann was dismissed unless he accepted an offer of demotion at another school.
In an affidavit, which forms part of court documents, Neumann explained his decision. He said it was during the Covid pandemic.
He says:
He goes on to explain his decision to exercise his right not to return to school.
“On 30 June 2020, one of our educators contracted the virus and was hospitalised. This increased my concern about an imminent and serious risk of exposure to Covid.”
The affidavit continues, where Neumann explained that during this time it was not possible to sanitize and disinfect equipment regularly at the school which was required during Covid.
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Labour Court Ruling
Meanwhile, Neumann has welcomed a ruling in the Labour Court of South Africa on Tuesday 21 May, to dismiss an application by the WCED to have his case struck off the court roll.
Neumann turned to the labour court to challenge the WCED for its decision to dismiss him.
Commenting on the ruling, Neumann tells People’s Post the WCED has “put forward every application” to dismiss his case.
“The case has now been delayed for at least six to eight months,” he said. “They have all the resources to fight this case and we anticipate more applications.”
In a statement, Neumann said it was the department’s strategy to crush him financially. “Monday 20 May 2024 marks two years since my unceremonious dismissal from Heathfield High School.”
He further claimed the department’s strategy to delay matters has cost taxpayers R3,4 million.
“It is clear to me that the department intends to crush me financially and frustrate me into submission before the merits of this matter are considered before the competent courts – this will be their attainment of justice,” he said.
Neumann told People’s Post he is hopeful that his case would finally be heard in court.
“Ultimately we are looking for justice because this case is for future educators,” he says. “Can you imagine the fear of other principals, the custodians at school, having to make decisions. This is more than just a normal labour dispute.”
He argues that there are currently no laws around the Covid pandemic and what principals are allowed or not allowed to do in cases of a pandemic.
“All these case laws do not speak to disaster management and Covid. What if there is another pandemic, in the next five to 10 years, then this case will be the point of reference in the interest of workers and other principals.”
WCED responds
Commenting on last week’s labour court ruling, WCED spokesperson Bronagh Hammond says that Neumann chose to pursue the matter further despite being found guilty at the Education Labour Relations Council (ELRC).
She added that the court ultimately agreed with the department that Neumann failed to adhere to prescribed timelines for filing the requisite record and his supplementary papers, however, they have confirmed that he can still proceed with the application.
“The WCED will respect the court’s decision and will proceed with preparation for the hearing of the review application in the Labour Court.”
Hammond said it is unclear where the R3,4 million Neumann referred to is coming from.
“The last costs collated and communicated were in 2023 which amounted to R2,5 million, which includes costs related to the numerous legal challenges brought forward by Mr Neumann which we have had to defend.”
- In November 2020, Neumann lodged an interdict application in an attempt to halt his disciplinary hearing. The application was dismissed by the Labour Court, striking it off the roll.
- In October 2021, Neumann was found guilty on five charges in his disciplinary hearing and was given the sanction of dismissal by the independent presiding officer.
- In May 2022, Neumann was then offered a very generous lifeline at the time of dismissal, provided by the then Provincial Minister Debbie Schafer, of an offer of a Head of Department post as an alternative to dismissal. He declined this offer.
- In June 2022, Neumann then took the matter on review at the Education Labour Relations Council.
- In the first half of 2023, the matter was heard at the ELRC and the independent arbitrator also found him guilty on five charges in July 2023 stating in his judgment that “there was not an iota of evidence presented by the applicant to support that he was unfairly targeted” and that further, “the sanction of dismissal was appropriate.” The arbitrator found that the dismissal was both procedurally and substantially fair, and that the applicant (Mr Neumann) was not entitled to any relief.
- In August 2023, following the second outcome at the ELRC, Neumann again filed papers, this time, at the Labour Court, only to abandon part of his relief and launch an application for such relief in the High Court.
