Cleared to return, Heathfield High principal ‘just wants to teach’

ALL Wesley Neumann wants is to return to Heathfield High School as principal, chalk in hand, and continue his passion for education.

This is according to his lawyer, Vernon Seymour who said Neumann was looking forward to resuming duty after the Labour Court ordered the Western Cape Education Department (WCED) to reinstate him.

“Mr Neumann is relieved that his ordeal is finally over. He is looking forward to resuming duty as school principal of Heathfield High on 2 February. He has taken the stoic approach and focused on the positive, looking forward to resume his career. He does however feel vindicated that the court rejected the narrative created by some people in the WCED that he was a defiant school principal who refused to abide by the rules. The only reason he came to court was to seek justice,” said Seymour.  

Seymour and his client held the view that once the department and their lawyers go through the judgment which was very detailed they “would probably take the view that the prospects of appeal are slim but it’s their decision”. 

“However, they have to go to court first to apply for leave to appeal; convince the judge there are real prospects that another court will come to a different conclusion. This case represents a clear message to employers, you cannot trample on the rights of employees and expect to get away with it even after four years.” 

The Labour Court also ordered the WCED to back pay Neumann from 20 May 2022 to the date of reinstatement. 

He was found not guilty of failing to comply with instructions (Charge 2), of bringing the WCED into disrepute (Alternative 2 to Charge 4), of incitement (Alternative 2 to Charge 5), and of breaching the social media policy (Alternative to Charge 6). On Charge 3, the court found the applicant guilty of insolence, but not of gross insubordination as described by the arbitrator.

"The only misconduct established is a single act of insolence; the use of intemperate language in the letter of 26 July 2020, written during a period of extraordinary stress and uncertainty."

The WCED said their legal counsel was currently reviewing the judgment. 

“A decision on whether to lodge an appeal will be taken in due course. While the Labour Court overturned some of the previous findings, it upheld one of the charges—namely, that the language used by Mr Neumann in written correspondence to the Head of Department was disrespectful and amounted to insolence. However, the Acting Judge reduced the dismissal to a final written warning.  This is but one aspect of the ruling that is being carefully considered. The WCED remains committed to ensuring that disciplinary processes are applied fairly, consistently, and in the best interests of learners, educators, and the public education system,” said WCED spokesperson, Bronagh Hammond. 

Neumann is currently a GOOD Party councillor in the City of Cape Town. 

GOOD Party secretary-general and MPL  Brett Herron said both the current Education MEC, David Maynier, and his predecessor, Debbie Schäfer, had “multiple opportunities to demonstrate the judgment and leadership the public should be entitled to expect of public servants” by resolving this matter.

“Instead, they chose to fight the law, prolong the suffering of an individual and his family, and deepen divisions within the Heathfield High School community. For far too long, the WCED leadership has harmed the Heathfield community through divisive conduct, deliberately attempting to turn parents, learners, and staff against a principal who enjoyed broad community support. This approach has undermined trust in public institutions. GOOD commends Councillor Neumann and his family for their extraordinary resilience and dignity throughout this ordeal,” Herron said. 

Trade union federation COSATU called on the WCED to comply with the judgment, adding that it was a victory for “worker justice, fairness, and the rule of law”.

The Special Action Committee–Education (SAC-E) commended Neumann and his family, who “endured immense sacrifice, uncertainty, and hardship throughout this ordeal”. 

“Furthermore, we salute the Heathfield High School community and the broader community for their unwavering support of Mr Neumann. Their solidarity, courage, and refusal to be intimidated were instrumental in sustaining him on what was an extremely difficult road towards justice. Without this collective support, the journey would have been far more daunting. This judgment must serve as a sobering reminder that the abuse of power, political interference, and personal vendettas have no place in our education system.”

Cape Times