Former Heathfield High School principal Wesley Neumann is considering appealing an Education Labour Relations Council (ELRC) award that ruled against his reinstatement.
Arbitrator Jonathan Gruss issued the outcome on Monday, finding that Neumann’s dismissal was both procedurally and substantively fair.
The former principal was also not entitled to any relief.
Neumann had approached the ELRC to challenge the Western Cape Education Department (WCED), that dismissed him on May 20 last year.
This, after he rejected an offer from the department to accept a demotion as departmental head at one of three schools.
Neumann faced six charges, including insubordination and misconduct for allegedly going against the WCED’s decision to have children back at school at the height of the Covid-19 pandemic in 2020.
Neumann on Wednesday said he was disappointed at 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 from challenging the 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,” he said.
Neumann began at the school as a teacher in 2010, promoted to departmental head in 2014, and further promoted to deputy principal in 2016.
He continued to climb the ranks and in 2018 assumed the school principal position.
The Special Action Committee (SAC), an organisation that has been supporting Neumann, said it was unfortunate that the commissioner did not rule in their favour.
“No reference was made to a lot of the arguments about Covid-19 and the difficulty we faced during that time.
Next step will be to take the matter on review in the Labour Court. We thank all of you for your continued support during this time,” said the SAC.
WCED spokesperson Bronagh Hammond, said: “Wesley Neumann was found guilty of failure to carry out a lawful order, disrespect in the form of abusive or insolent behaviour, bringing the WCED into disrepute; misusing his position by inciting personnel and/or learners and/or the community on social media platforms not to attend school or to report for duty; and breaching his employer’s social media policies.
The ELRC has confirmed that his dismissal was procedurally and substantively fair, and it is now time to move forward.”
ANC Education MPL, Khalid Sayed, said they noted the verdict and would support Neumann if he appealed, as they believed the WCED’s action was unjust and incorrect.
Cape Times