Cape Town - The Education Labour Relations Council (ELRC) has found that the dismissal of former Heathfield High Principal Wesley Neumann by the Western Cape Education Department (WCED) was “procedurally and substantively fair” and that Neumann was not entitled to any relief.
The arbitration award involving Neumann and the WCED was delivered on June 19, with proceedings held throughout February, April and May.
Neumann was charged with misconduct on September 16, 2020 after refusing to reopen the school during the Covid-19 pandemic, going against directives from the head of department at the time, Brian Schreuder.
An email by Schreuder had 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.
Neumann refused to do this, following safety concerns for staff, pupils and the broader school community, around the Covid-19 virus. Disciplinary proceedings commenced on December 3, 2020 and on October 11, 2021, Neumann was found guilty on six misconduct charges the WCED.
Though found guilty, he was offered a demotion to department head at one of three schools.
He did not take up the department’s offer and decided to challenge his dismissal and seek arbitration through the ELRC on May 23 last year.
Neumann said he was disappointed in the outcome of the arbitration.
“I will study the judgment and consult to establish whether there are prospects for an appeal to the Labour Court. It’s a real pity because the judgment will discourage others to challenge WCED when they feel their rights are being trampled on.
“I will also talk to the family to look at my career options at this stage. However, I remain committed to education and making a small contribution to my community.”
WCED spokesperson Bronagh Hammond said an acting principal was currently managing the school.
“We are focused on ensuring that teaching and learning continues at Heathfield High School, which it is doing,” Hammond said.
As of January 31, the department has spent more than R2.5 million on the matter: R1.5m on the disciplinary hearing, including the cost of the independent presiding officer and legal representation for the WCED, R357000 on legal costs related to the appeal and R651000 on legal costs related to the arbitration with the ELRC.
“It is important to note that the costs related to the appeal have been incurred as a result of Mr Neumann deciding to appeal the external presiding officer’s decision to dismiss him,” Hammond said.
“Therefore, the costs of the ELRC arbitration are a direct result of Mr Neumann declining the offer made to him, and his decision to take the matter on further legally – which again – we are obliged to defend.”