Wesley Neumann fights dismissal over 'defiance' during Covid pandemic

THE narrative that former principal of Heathfield High School, Wesley Neumann, is a “defiant, deviant, and that he displayed insolent behaviour” was rejected by his legal counsel during arguments at the Labour Court sitting in Cape Town on Wednesday.

Neumann’s counsel, advocate Vernon Seymour, during his submissions at the Labour Court, reiterated from the voluminous evidence that the narrative painted by the Western Cape Education Department (WCED) was in stark contrast to the conduct Neumann displayed prior to and during events that led to his dismissal.

Neumann was dismissed after facing four misconduct charges brought against him by his employer in 2020 when he made decisions at the height of the global pandemic, to keep the school closed due to safety concerns for pupils, staff, the school community and his family.

As a result, he was charged with obstruction, disrespect and insolent behaviour, incitement for closure of schools and breach of the social media policy.

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, 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 what he said was his unfair dismissal and declining a demotion, Seymour on Wednesday submitted 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 criticised 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, the decisions made were not logical and he did not apply his mind to arrive at a reasonable conclusion. 

“The arbitrator simply proceeded as if Covid-19 was a non-factor in line with the narrative that the employer advanced. Schreuder felt personally affronted by the decisions Neumann made. He took it personally and used his power to instruct different procedures,” said Seymour.

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.

Answering to submissions that Neumann was being victimised or targeted when circuit manager Jacky Du Plessis was asked on a number of occasions to visit the school, the WCED legal counsel said Schreuder had made the requests to ascertain what the situation at the school was after seeing posts on social media that alluded that Grade 12 pupils and staff had not returned to school.

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

The matter will resume at the Labour Court on Thursday. 

Cape Times