Legal showdown: Ex-Heathfield principal seeks to overturn dismissal

Wesley Neumann, the former principal of Heathfield High School, is at the centre of a contentious legal battle following his dismissal, which his legal counsel argues was unjust.

During proceedings at the Labour Court in Cape Town, advocate Vernon Seymour highlighted that the portrayal of Neumann as “defiant, deviant, and insolent” by the Western Cape Education Department (WCED) starkly contrasts with his conduct before and during the events that led to his termination. 

Neumann was dismissed in 2020 after making the decision to keep the school closed due to safety concerns amid the global pandemic, facing four misconduct charges from his employer as a result. These charges included obstruction, disrespect, and breach of social media policy, stemming from his refusal to comply with directives that mandated the physical return of Grade 12 pupils to school.

Despite his reservations, evidence confirmed that Neumann did inform students and staff to return to school. As the legal proceedings unfold, the WCED maintains that Neumann's dismissal was both procedurally and substantially fair.

According to the head of the department at the time, Brian Schreuder, cited that Neumann went against directives he had issued which instructed that every Grade 12 pupil be physically at school every day of the week from August 3, 2020, until the commencement of their National Senior Certificate exams.

Despite his reservations about the directives issued, evidence in disciplinary proceedings confirmed that Neumann complied with informing pupils and staff to return to school.

Following a disciplinary procedure and protracted litigation since 2020 in which Neumann challenged the unfair dismissal and declining a demotion, Seymour on Wednesday made submissions that the arbitrator in the matter “slavishly followed the cause of the respondents”.

Seymour submitted the arbitrator's decision “was out of kilter” and he “did not consider the complete consensus of evidence and failed to consider all issues”. Seymour further slated the arbitrator's decision, which he submitted, had been “rushed to arrive at a decision”. 

According to Seymour, the arbitrator had committed errors of law and the decisions made were not logical and he did not apply his mind to arrive at a reasonable conclusion. 

Meanwhile, the WCED informed the court that they were notified that an application was made to the Western Cape High Court to interdict a process to have a new principal appointed at Heathfield High School while litigation is pending. 

Arguments by the WCED are still being heard, where they maintain that the dismissal of Neumann was procedurally and substantially fair. 

The matter continues.

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