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05 April 2011: Dublin Director fined €3,000

 

 Press Release

PENSIONS OMBUDSMAN PROSECUTES DIRECTOR OF DUBLIN REPLACEMENT WINDOWS COMPANY - €3,000 FINE.

 Kenny expresses frustration.

The Pensions Ombudsman, Mr Paul Kenny, secured a successful prosecution in the Dublin District Court yesterday of a Director of a Dublin-based aluminium replacement windows company who refused to co-operate in the investigation of a complaint alleging that the company had deducted pension contributions from an employee and failed to remit them to the pension scheme.

In court yesterday, Mr Anthony Kerr, a director of Kerr Aluminium Ltd. was fined €3, 000 for failure to respond or produce documentation to the Pensions Ombudsman during the course of an investigation.  Mr Kerr had been advised on several occasions that he left himself open to prosecution if he failed to engage in the process but he chose to ignore such advices.

Mr Kenny said  "This should have been a relatively straightforward investigation, had Mr. Kerr cooperated.  However he chose not to which left me with no option but to initiate proceedings.  There is no doubt that the District Justice sensed and reflected my utter sense of annoyance and frustration in dealing with Mr Kerr when she heard that I had made an earlier Determination against his company in an amount of €63,500 in respect of an employee who had died but who had not been insured, as is required for all construction workers.  The employing company was then liable for the death benefit but it was subsequently put into liquidation.  Some eighteen days later, a new company - Kerr Glazing Systems Ltd - was incorporated and continues to trade.  The District Justice imposed a €3,000 fine, with 60 days in default and awarded over €2,000 costs.  Furthermore, she doubled the initial recognizance in the event of Appeal to €2,000." 

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

 

5 April, 2011