A Galway builder is the first person to be convicted by the Pension Ombudsman.
David Denton, Director of 3D Restoration and Construction Ltd was found guilty and fined €5,000 for obstructing an investigation by refusing to produce payroll records.
The company is under investigation following an allegation that pension deductions had been made from workers’ wages but had not been added to the Construction Workers Pension Scheme.
Earlier this year the Pension Ombudsman obtained an Order in Galway Circuit Court for Mr Denton to comply with the request to produce payroll records.
As the records still have not been produced to the satisfaction of the Ombudsman, Mr Denton was prosecuted under section 3 of the Pensions Act 1990.
Ombudsman Paul Kenny said “It is a very serious offence to obstruct an investigation by my office.”
He added that employers and their advisors should realise that refusing to comply with any request for documents or information will have very serious consequences. “The act of not producing information is a criminal offence and I will initiate criminal proceedings in the District Court for obstruction - as I have done in this case.”
The investigation into Mr Denton’s company continues.
