A WATERFORD builder was remanded in Waterford District Court yesterday for failing to comply with a request of the Pensions Ombudsman for documentation relating to pension contributions deducted from employees. He had earlier been arrested on foot of a bench warrant issued by the court last June.
John O'Mahony, of O'Mahony Civil Engineering Ltd, Tramore, Co Waterford, was remanded on his own surety of €300, and the case will be heard on November 20th next.
Mr O'Mahony is facing prosecution under Section 3 of the Pensions Act, 1990 for failing to comply with a request for payroll documentation made by Paul Kenny, the Pensions Ombudsman. His company is under investigation by the Pensions Ombudsman following an allegation that pension deductions had been made from wages but not remitted to the Construction Workers' Pension Scheme.
Following numerous attempts to obtain the payroll information for his investigation, Mr Kenny issued summary proceedings against Mr O'Mahony last April. Mr O'Mahony failed to appear before Waterford District Court in June to answer the charge and the judge issued a bench warrant for his arrest.
Mr Kenny said it was unfortunate that employers do not face up to their responsibilities, and end up facing proceedings.
"Pursuing people through the courts is not a matter I take lightly, but some people don't yet seem to have got the message - workers' rights must be protected, even if it takes criminal proceedings to do that. I cannot understand why an employer who has not acted responsibly in this area does not simply seek to put the matter right when my office makes contact."