Cape principal fired for refusing to open his school during COVID takes Zille to court

Former Heathfield HS principal Wesley Neumann tried to extend his and his subordinates' paid leave under lockdown, but the education department refused

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Newsroom

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January 3, 2024

Cape principal fired for refusing to open his school during COVID takes Zille to court

Wesley Neumann, the former headmaster of Heathfield High School, was fired for defying instructions to open the school during the Covid-19 pandemic.

But now, Neumann is seeking to drag Helen Zille to court, to overturn her extension of Brian Schreuder's employment contract as provincial head of education, which he argues led to his disciplinary action and dismissal.

Neumann was charged with misconduct in September 2020 for refusing to open the school during the Covid-19 pandemic. He was dismissed in May 2022, and his attempt to refer the unfair dismissal dispute to the Education Labour Relations Council was unsuccessful.

Neumann, like many other representatives of the teaching profession both in South Africa and abroad, pushed for the shutdown of schools despite no medical evidence for it being necessary, insisting on indefinite paid leave.

This move, which accelerated lockdowns in many countries around the world, severely negatively impacted childhood development across the board, and has resulted in consequences that may likely be irreversible.

Neumann claims the extension of Schreuder's contract beyond retirement age influenced the decision to institute disciplinary action against him. Schreuder, as head of the education department, extended Schreuder's contract for the second time, leading to the disciplinary proceedings.

Helen Zille, the former Western Cape premier, extended Brian Schreuder's contract past retirement age. Schreuder's contract was extended for two years after turning 65 in 2017 and again in 2018, while Zille was premier, until March 2021.

Neumann filed a review application in the Labour Court in July 2023, challenging his dismissal. He is seeking an order to set aside Schreuder's contract extension, declaring it unconstitutional.

Neumann wants the court to declare Schreuder's contract extension irregular and to set aside the disciplinary proceedings initiated against him. He also seeks reinstatement as the principal of Heathfield High with backpay.

The Public Service Commission found irregularities in the extension of Schreuder's contract and recommended that Western Cape Premier Alan Winde address the irregularity by approaching the court to declare the decision unlawful.

Neumann claims he suffered severe prejudice, losing employment and income during the legal process. He asserts that he had to defend himself against unfair allegations, incurring significant costs.

The annual report for April 2022 to March 2023 indicates that R77,635 was spent on mediators to stabilize the situation at Heathfield High after Neumann's dismissal, involving a team of 13 individuals in various roles.

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