7th September 2012: Pensions Ombudsman secures conviction against Westmeath Builder

Press Release

• Pensions Ombudsman secures court conviction as Westmeath builder found guilty of failing to produce documentation.

On the 6^th September 2012, in Mullingar District Court, Mr. John Carter who traded as A & A Insulation, was found guilty of failure to comply with a request of the Pensions Ombudsman to produce documentation in relation to a complaint alleging that a former employee’s pension contributions were deducted from their wages and that the employer failed to remit such deductions to the relevant pension scheme.  Mr Carter was fined €2,500 by the Court, and the Office of the Pensions Ombudsman was awarded its full costs for taking the prosecution.

The Pensions Ombudsman, Mr Paul Kenny, sought to investigate a  complaint brought against Mr. Carter, however, he was met with continued refusal to supply payroll documentation. 

"As I have said many times previously, I will not be deterred in completing my investigations by companies or individuals who take it on themselves to ignore my requests for information in the hope that I will go away.  Consequently I have no hesitation in pursuing those who seek to obstruct my investigation through the courts.  In this case, the end result is that Mr. Carter has now a criminal conviction, has been fined and I have obtained the information from him.  In hindsight perhaps Mr. Carter would have been better served to have cooperated with my investigation" said Mr Kenny.

For further information contact Mr. Paul Kenny, Pensions Ombudsman at (01) 647 1650, or see www.pensionsombudsman.ie.

7^th September, 2012

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