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04 Dec 2009: Pensions Ombudsman secures another criminal conviction and fine


Press Release
Director of Limerick Paving Company receives criminal conviction and fine
Following a complaint received on behalf of a former employee, now deceased, alleging that pension contributions had been deducted from wages but not remitted to the Construction Workers Pension Scheme, the Pensions Ombudsman, Paul Kenny, sought payroll documentation from Mr. John Patrick Goode, Director of Tudor Paving Contractors under Section 137 of the Pensions Act, 1990 (as amended). As the information requested had not been provided, the Pensions Ombudsman issued summary proceedings against Mr Goode in October 2009. In Kilmallock District Court (Co. Limerick) today, Mr Goode was fined €500 with €1,600 costs for failure to comply with a request from the Pensions Ombudsman for documentation relating to pension deductions.
Mr. Kenny said that he continues to be surprised that some employers are prepared to run the risk of a criminal conviction instead of co-operating with his Office. “In this particular case, Mr. Goode refused to accept correspondence, refused to accept registered letters, indeed refused to communicate in any way with my Office which was seeking employment records held by his company. Had there been co-operation, the matter would not have come to this. However, I had no option but to take the legal route. Not alone has Mr Goode a conviction against his name, he received a fine and must pay my costs. He eventually saw sense and provided the documentation which I required earlier this week but that was too late to halt the legal proceedings which had been put in train.”
This is the sort of case which I will pursue to the end. The complaint alleges that death benefit was not payable to the dependent of a deceased former employee because insurance premiums had not been paid. I am now in a position to finish my investigation and I will issue a legally binding Final Determination on the complaint in the near future”, he said.
For further information contact Mr. Paul Kenny, Pensions Ombudsman at (01) 647 1650, or see
4th December 2009