Supporters for Heathfield High School principal Wesley Neumann picketed outside the Western Cape Labour Court.
Image: Supplied
Wesley Neumann is disappointed but accepts that he will have to wait until the appeal process has been concluded before returning to Heathfield High School, according to his attorney, Vernon Seymour.
Seymour was reacting to the Labour Court’s decision on February 20 to dismiss Neumann’s bid to enforce his reinstatement while the Western Cape Education Department’s (WCED) appeal is pending. The effect of the ruling is that the earlier order reinstating him as principal remains on hold until the appeal has been finalised.
Wesley Neumann is disapointed but accepts the outcome
Image: Chevon Booysen
Neumann was dismissed in May 2022 following allegations of misconduct, including claims of insubordination and breaches of the school’s social media policy. In January this year, the Labour Court set aside his dismissal and ordered that he be reinstated. The WCED subsequently applied for leave to appeal that decision.
Because an appeal has been lodged, the reinstatement order was suspended in terms of the Superior Courts Act. Neumann unsuccessfully approached the court seeking to have that suspension lifted, arguing that he should be allowed to return to the school in the interim.
Seymour said his client had hoped to resume his duties after what he described as a lengthy and taxing legal battle.
“After a five-year wait for justice, he was naturally looking forward to getting back into the classroom and getting on with the business of teaching and learning,” Seymour said.
He added that members of the Heathfield High community who had supported Neumann would also be disappointed by the outcome, as many had hoped for closure to the protracted dispute.
Seymour emphasised that the latest ruling does not overturn the earlier finding that Neumann’s dismissal was unfair.
“The ruling does not in any way impact on the Labour Court’s decision to overturn his unfair dismissal and that he be reinstated as principal of Heathfield High School,” he said, adding that the January judgment ran to 54 pages and was, in his view, thorough and well reasoned.
The WCED welcomed the Court’s decision.
In a statement, Education MEC David Maynier said the Labour Court had put the best interests of the learners of Heathfield High School first, and dismissed Neumann’s application to return to the school as principal pending further Court proceedings.
Maynier confirmed that the department has filed an application for leave to appeal the January judgment and that, under section 18(1) of the Superior Courts Act, the reinstatement order is suspended.
Maynier said the Court found: “There is nothing unusual, extraordinary, or unique about this case that warrants departing from the general rule that an appeal suspends the operation of a judgment. For that reason alone, the application must fail.”
He also cited the Court’s remarks on public support for Neumann, stating: “The applicant’s public interest argument or public support and or sentiment does not advance the applicant’s case in any respect. Such considerations belong in the realm of politics, not in a judicial assessment of disputes and section 18 application."
Maynier added: “As stated before, Heathfield High School is finally flourishing and has just produced a matric pass rate of 89.9% the school’s highest in 15 years. It would not have been in the best interests of the learners and school community for conditions as they were under Wesley Neumann to potentially recur pending the outcome of the appeal."
“Wesley Neumann’s application never had any prospects of success, and has only served to waste taxpayer money.”
Cape Times