Parliament notes with concern the threats to disrupt the operations of the institution attributed to some officials of the local branch of the National Education, Health and Allied Workers Union (NEHAWU).
It is important for all members of staff to take special note of the following:
Any organised activity within the precinct of Parliament is both not procedural and illegal. Parliament is a designated national key point. The Labour Relations Act further designates the institution as an essential service whose employees may not embark on strike action.
If a deadlock is reached in negotiations, the parties must submit to conciliation and arbitration. Any disruption to the operations of Parliament, therefore, due to organised activity is at odds with the law.
All officials of Parliament who take part in such activities are placing themselves at a serious risk of falling foul to the internal disciplinary processes of Parliament.
As a key institution promoting democracy, Parliament does not bar its staff from embarking on protest action, provided the protest action does not disturb work of the institution and is done in accordance with the provisions of the law.
Permission for protest action within the Parliamentary precinct must first be obtained from the Secretary to Parliament and must be sanctioned by Parliament's presiding officers.
Parliament has acted with extreme restraint in the past few days that picketing and heckling of members of management has been taking place in the precincts.
Following the rejection by the Union of the 8.5 percent salary increase offer and the failure of repeated requests to the union to meet to engage on the issues relating to the salary negotiation, a decision has been made to ensure that Parliament is not disrupted any further.
Parliament will implement its original offer of a seven percent salary increase across the board for 2010 with effect from 15 October 2010 and backdated to 1 April 2010.
This decision has been announced to all staff.
The salary increase offer from Parliament and presented to NEHAWU comprises two options:
- Option one proposes a seven percent salary increase across the board, effective from 1 April 2010.
- Option two proposes a three year package made up of:
- An 8.5 percent salary increase across the board, effective from 1 April 2010 for this financial year and for the next two years, increase of one percent more than the consumer price index (CPI) for the end of March 2011 and 2012 or the National Treasury indicative figure, whichever one is higher
- If the CPI is less than four percent or more than nine percent, negotiations would be reopened
- Of the CPI is between four percent and nine percent salaries would be adjusted in terms of the CPI of March of the relevant year, plus one percent.
If mediation and arbitration results in Parliament having to pay more than the seven percent to be implemented from 15 October 2010 and backdated to 1 April, Parliament will pay the difference to staff and that difference will also be backdated to the 1 April 2010,
Source: Parliament of South Africa
