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10 Oct 08: Press release - Tramore Builder Arrested

 In Waterford District Court today, Mr. John O’Mahony, of O’Mahony Civil Engineering Limited of Tramore, Co. Waterford, was remanded on his own surety of €300, having been arrested on foot of a bench warrant issued by the Court. Mr O’Mahony is facing prosecution under Section 3 of the Pensions Act, 1990 for failing to comply with a request for payroll documentation made by Mr. Paul Kenny, the Pensions Ombudsman. His company is under investigation by the Pensions Ombudsman following an allegation that pension deductions had been made from wages but not remitted to the Construction Workers’ Pension Scheme. Following numerous attempts to obtain the payroll information which he required for his investigation, the Pensions Ombudsman issued summary proceedings against Mr. O’Mahony last April. Mr. O’Mahony failed to appear before Waterford District Court in June to answer the charge and the judge issued a bench warrant for his arrest. The case will now be heard on 20th November. Commenting on the court case, Mr. Kenny said that it was unfortunate that employers do not face up to their responsibilities. “I cannot understand why an employer who has not acted responsibly in this area does not simply seek to put the matter right when my Office makes contact. The reality is that “the game is up” and if there has been maladministration in relation to pension arrangements there is the opportunity, there and then, to get the matter sorted out. However, there seems to be a hard core of employers who seek to thumb their noses at both official investigations and the judicial system. Pursuing people through the Courts is not a matter I take lightly, but some people don’t yet seem to have got the message – workers’ rights must be protected, even if it takes criminal proceedings to do that”, said Mr. Kenny. For further information, contact Mr. Paul Kenny, Ombudsman, at (01) 6471650 or see www.pensionsombudsman.ie 10 October 2008