CAPE TOWN – The Western Cape Education Department (WCED) has filed an application for leave to appeal the Labour Court decision that ordered Wesley Neumann’s reinstatement as principal of Heathfield High School, effectively suspending his return to the position.
The department submitted the application on Friday 23 January, just over two weeks after Acting Judge Coen de Kock ruled in favour of Neumann, ending a five-year legal battle that began with his “unfair” dismissal in October 2021.
Neumann was dismissed for misconduct and insubordination after he allegedly refused to allow children back to school during the height of the Covid-19 pandemic in 2020.
Multiple legal arguments raised
In the appeal application, the WCED argues the Labour Court committed “multiple legal and factual errors” when reviewing the Education Labour Relations Council’s (ELRC) arbitration award that had upheld Neumann’s dismissal.
“The Court failed to apply the review test correctly, which requires asking whether the ELRC arbitrator’s decision was one that a reasonable decision maker could reach. On the facts and law, the ELRC arbitrator’s finding that the dismissal was fair was indeed a reasonable outcome,” said WCED minister, David Maynier.
The WCED reiterates that Neumann had “breached his central or core constitutional and contractual obligation” to provide teaching and learning to children.
“The court made several factual errors, including mischaracterising disputed safety concerns as undisputed, relying incorrectly on a death that occurred after Neumann’s misconduct (the individual concerned indeed testified during Neumann’s misconduct hearing), and incorrectly finding that Neumann had permission to withhold forms permitting parents to apply to exempt learners from attending school during the pandemic. The court also wrongly concluded that discipline was selective, despite there being no evidence of unfair different treatment in comparable cases,” Maynier explained.
Legal response
Neumann’s lawyer, Vernon Seymour, remained defiant about the appeal prospects.
“They have the right to appeal and they have exercised that right. It doesn’t mean that there is any merit to the appeal. I am not surprised because it is in keeping with their approach to the dispute,” Seymour said.
He adds that the WCED has on “numerous occasions engaged in litigation which sought to delay and frustrate Mr Neumann”.
“That is the reason why the case took so long. I have been instructed to oppose the appeal and file my opposing notice on Monday 26 January. I am also exploring other legal options to secure Mr Neumann’s return to his job as Principal of Heathfield High as ordered by the Labour Court,” he said.
Seymour confirmed he will file opposing papers and is preparing an urgent court application for Thursday 29 January to secure Neumann’s return as ordered by the Labour Court.
School performance highlighted
Despite the ongoing legal dispute, the WCED emphasised that Heathfield High School achieved an 89,9% matric pass rate – the highest in 15 years.
“We will remain focused on the best interests of the learners of Heathfield High School. Any attempt to disrupt this progress or interfere with teaching and learning will not be tolerated,” Maynier added.
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