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15 Sep 09: Killarney builder fined for obstructing Pensions Ombudsman

In Killarney District Court today, Mr. John P. McAllen of McAllen Construction Limited pleaded guilty and was fined €750 plus costs to a charge of failing to produce payslips as requested by the Pensions Ombudsman, Mr. Paul Kenny. 

Mr. Kenny had received a complaint from a former employee of McAllen Construction Limited that pension deductions had been made from his wages, but had not been remitted to the Construction Workers Pension Scheme. The Pensions Ombudsman requested copies of all payslips relating to the former employee within 14 days. The request was ignored. As a result, proceedings were initiated and a summons served which resulted in today’s Court hearing.
Commenting on the case, Mr. Kenny said;
 “It is a requirement that all construction workers be members of the Construction Workers Pension Scheme. While I have many cases where this has not happened, this particular case is much more serious in that the complainant maintains that pension contributions were deducted from his wages but were not remitted by his employer to the pension scheme. Consequently it is important that I have sight of payroll records and payslips to complete my investigation”.
Mr. Kenny added stated that if it was the case that during an investigation, it was discovered and proven that an employer deducted but failed to remit pension contributions, his Determination would not just find the company liable but I would also make others such as directors/managers of the company personally liable for having allowed such to happen and for the unremitted contributions”.
Mr. McAllen would have been much better off to comply with my initial request. As a result of failing to do so, he has now been convicted and fined and eventually produced the relevant payslips in Court today” he said.
For further information contact Mr. Paul Kenny, Pensions Ombudsman at (01) 647 1650, or see
15th September 2009