Labour Court proceedings delay Wesley Neumann's return to Heathfield High

Former Heathfield High School principal Wesley Neumann will not return to the school on Monday, as the Labour Court has scheduled further proceedings to consider a series of applications in the ongoing dispute between him and the Western Cape Education Department (WCED).

At the latest hearing, the court directed the parties to file the necessary papers on February 10 and 11 in time for its February 13 sitting. The court indicated that all related applications would be considered together to be heard in open court.

The development follows Neumann’s urgent application for the enforcement of a previous Labour Court ruling that set aside his dismissal and ordered his reinstatement.

However, the WCED said its notice of intention to appeal has suspended that reinstatement order for now. 

The dispute dates back to 2020, over the reopening of Heathfield High School during the Covid-19 pandemic, with Neumann citing safety concerns for staff and pupils. He had also joined other school principals in writing to President Cyril Ramaphosa and Cabinet, urging that schools remain closed at the time.

Disciplinary proceedings were subsequently instituted against Neumann, ultimately leading to his dismissal.

After the Education Labour Relations Council upheld the sanction in a 2023 arbitration award, Neumann successfully challenged the outcome in the Labour Court. In January this year, Acting Judge Coen de Kock ruled that dismissal was not an appropriate sanction and ordered his reinstatement with back pay.

Shortly thereafter, the WCED filed an application for leave to appeal, arguing that the court had erred in its assessment of fairness and the arbitration evidence.

The Special Action Committee Education (SAC-E) welcomed the latest court developments and criticised the department for what it described as reliance on technical processes rather than engaging with the merits of the case.

The organisation argued that prolonged litigation places additional strain on public resources at a time when schools face overcrowding, unplaced learners and limited infrastructure.

Education MEC David Maynier defended the department’s position, saying its priority is to protect learners at Heathfield High School.

He expressed concern after a group of Neumann’s supporters allegedly distributed pamphlets to learners announcing his return, saying the incident caused distress and disrupted the school environment.

Maynier reiterated that the reinstatement order remains suspended while legal processes continue and said the department would not tolerate any disruption to teaching and learning. He added that the school is “recovering and flourishing”.

SAC-E chairperson Terrence Smith said the matter extends beyond Neumann, describing it as indicative of broader challenges faced by educators.

Cape Times