“The main disagreement between the two parties resulted from a new proposal by the union to change the calculate payment of performance bonuses for staff members based on a monthly remuneration of the total cost to company to an annual total package (sic),” Parliament said in a statement.

Parliament and Nehawu had signed a two-year agreement which stipulated that performance bonuses would be calculated on the basis of the total monthly cost of employment, as opposed to “the previous 70 percent pensionable portion”.

“Nehawu proposed late in October a further review of the formula to use the total annual package. This effectively amounted to a new proposal without following due process as contemplated in the substantive and the recognition agreement.

“In any event, the financial implications of this proposal are unbudgeted for and unaffordable for Parliament given the shoestring budget we are managing. Parliament believes that both parties must commit to the deliberations on finding a resolution,” the statement said.

“The perspective that the union must demand and management must deliver is based on a win-lose mentality. In this instance it provides an unhelpful approach that the union must demand and management on its own must provide a solution. The union needs to be part of creating a workable solution to this problem given their culpability in changing the substantive agreement.

“Parliament has observed a new shift on the part of the union from the issues which ostensibly accounted for the illegal strike action to focus on personality attacks, recriminations, and character assassination. Pursuing this line of thinking represents an opportunity lost to constructively deal with the situation and achieve positive outcomes.”

Parliament had consistently taken the position in discussions with the union that the issues did not “hinge around management or the secretary to Parliament”. “It’s a simple fact of committing to the substantive agreement and that there are no extra funds. Parliament, like the rest of the country, is going through [a] difficult financial experience.”

Parliament had noted media reports claiming Nehawu did not want to continue discussions with management on the issues it had raised and wanted instead to engage with the National Council of Provinces Chairwoman Thandi Modise and National Assembly Speaker Baleka Mbete – the executive authority of Parliament.

The recognition agreement was clear that negotiations would be between the union and management.

“Therefore, seeking to negotiate directly with [the] executive authority would in effect be to collapse our current recognition agreement. Such action has a potential to relegate key legal instruments governing the relationship between Parliament and the union to irrelevance and would be a demonstration of unwillingness by Nehawu to live up to the terms of the agreements it signed.”

ANA