AN appeal to leave a Dunmore business without a conviction on a first offence was turned down when the case came before Judge James Faughnan at Tuam District Court.
Egan’s Gala, Bridge St, Dunmore was charged with failing to keep proper records of employees and failing to pay public holiday pay to employees.
An inspector from the Workplace Relations Commission (WRC ) called unannounced to the business on January 29, 2024 to check on the issue of public holiday pay. The books were checked for a period between October and November 2024. It was discovered that the relevant payments were not made and proper records of staff were not kept, with some staff being referred to only by first names.
The company was charged with two offences, failing to keep records and failing to pay holiday pay.
The prosecution said that proprietor Brian Egan had engaged constructively with the investigation and had no previous record in regard to these matters.
Judge Faughnan asked if the employees had since been paid their holiday pay entitlements and he was informed that they had.
John McCoy BL, representing Brian Egan, asked Judge Faughnan not to impose a conviction as this was a first offence. He said his client had no issues with paying the costs claimed of €732 but wanted to avoid a conviction on his record.
However, the Judge said that no more than cases where people were convicted of selling tobacco to minors, he had to record a conviction.
He imposed a fine of €500 on each of the two charges and pointed out that this was well below the €5,000 limit for such offences which could have cost his client €10,000.
