AN ENGINEERING contractor received a €600 fine at the District Court in Waterford yesterday for failing to supply information regarding a former employee to the Office of the Pensions Ombudsman.
John O’Mahony (36), of Corbally More in Dunmore East, Co Waterford, appeared in court charged with acting contrary to section 137(1) of the Pensions Act 1990.
Mr O’Mahony failed to supply payslips of Gerry Murphy, of Riverstown in Tramore, to the office from the period 1998 to 2004.
Mr Murphy worked for Mr O’Mahony in his company, O’Mahony Civil Engineering Ltd, in the three years to 2004.
The accused entered a guilty plea in relation to failing to supply the information at the court on November 21st last.
Representing the Pensions Board, Kieran Kray, in evidence, outlined how he wrote to Mr O’Mahony on dates in 2007 and 2008 regarding the issue, finally calling to his home on March 10th, 2008.
Mr Kray handed a letter to Mr O’Mahony’s neighbour when he could not establish contact, the court heard. One month later, court proceedings were issued.
Solicitor Brian Chesser told Judge William Earley that his client “had his head in the sands in relation to the matter” and had suffered from depression.
“He wasn’t well at the time,” according to Mr Chesser. “He suffered depression since his company went downhill in 2006.” O’Mahony Civil Engineering Ltd had “ceased trading” in January 2007 and went into liquidation in May 2008, it emerged.
Mr Chesser produced documents revealing that the company had deducted pension contributions “to the best of our belief . . . As far as we are aware, we have fully complied.”
However, Mr Kray told Mr Chesser that the issue related to withholding information from the office.
Mr Kray said that had the board known about Mr O’Mahony’s depression, “we would have taken it into account”.
Mr O’Mahony was fined €600, while expenses of €400 were awarded and costs of €800 including VAT were awarded.