Neumann returns to Labour Court in battle to get his job back
Former Heathfield High School principal Wesley Neumann has taken the battle with his ex-employer, to the Labour Court, challenging his 2020 dismissal.
Image: File
Wesley Neumann, the former principal of Heathfield High School, is set to return to the Labour Court on Friday as he fights for reinstatement against the Western Cape Education Department (WCED).
This David and Goliath battle unfolds as Neumann's counsel presents his grounds for review, following the WCED's arguments.
Closing arguments will be heard at the Labour Court in Cape Town.
According to the head of the department at the time, Brian Schreuder, 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, which related to health and safety concerns during the first wave of the pandemic, evidence in disciplinary proceedings confirmed that Neumann complied with informing pupils and staff to return to school.
Seymour submitted that 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 submitted that the arbitrator, who made the dismissal sanction, had committed errors of law and said the sanction was not logical, having “made a decision that was untenable in law”.
Arguments by the WCED are still being heard, where they maintain that the dismissal of Neumann was procedurally and substantially fair.
Wesley Neumann is challenging his dismissal as Heathfield High School principal at the Labour Court.
Image: Chevon Booysen
WCED’s counsel on Wednesday submitted that they have been accused of belabouring the court with delays, but rebutted that Neumann had been “jurisdictional forum shopping” during which they said several applications, including interlocutory applications, were made to various court forums.
One such application was an urgent interdictory relief sought by the Western Cape High Court in April last year, in which the applicants sought an interdict against appointing a new principal at the Heathfield High School until Neumann’s matter concluded.
WCED spokesperson Bronagh Hammond confirmed a new principal was appointed.
“The only interdict we are aware of with regard to the appointment of a new principal is one lodged around April 2024. The matter was opposed on record by the WCED with the support of the current SGB, which filed a supporting explanatory affidavit. The matter was never prosecuted by the applicant,” said Hammond.
The education arm of the Special Action Committee (SAC-E) said: “This case extends beyond an individual dismissal. It raises critical questions about the future of education, the rights of workers, and the ability of communities to act in defence of learners’ safety.
“The outcome is expected to set a precedent with wide-reaching implications for teachers, learners, and School Governing Bodies across South Africa.”
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