RECOVERY OF LEVIES PAID
APPLY SET-OFF PRINCIPLE
Dear Industry Employer
During the period 1 February 2015 to 10 August 2015 the MIBCO Administrative Agreement was not in force and therefore there was no obligation on both employers and employees to pay bargaining council levies to MIBCO. Notwithstanding this, there were employers who continued paying both employer- and employee contributions in respect of these levies during this period.
MIBCO decided not to refund any bargaining council levies which were paid during the abovementioned period. However, we are of the opinion that it is perfectly legitimate, should employers wish to recover such levies, to apply the principle of set-off. Employers are entitled to withhold the payment of bargaining council levies until such time as the value of bargaining council levies paid during the period 1 February 2015 to 10 August 2015 has been recouped.
Please do not hesitate to contact the NEASA hotline on 086 0163 272 or your nearestregional office should you require any further information or assistance.
Collective Bargaining Officer