Building firm in court for non-payment of pension funds
The Irish Pension Board have brought High Court proceedings against a construction company which it is claimed has failed to pay contributions of more than €180,000 to a pension fund on behalf of almost 200 workers over a 14-month period.
Today at the High Court the Board said it was seeking orders to compel Limestone Construction Ltd to pay money which the Board claimed the firm owes to the pension fund.
It is understood that this is the first application of its type made before the Courts by the Board.
The period when payments were not made relate from mid-June 2006 to September 2007.
The contributions owed to the pension fund are due from deductions from workers pay and from employer's contributions.
Ms Úna Tighe BL for the Board told the court that her clients brought the action because of the concerns it had over Limestone Construction's financial situation.
Counsel said that an investigation undertaken by the board revealed that the company has failed to contribute €186,000 to their worker's pension fund.
Counsel said that the Board became concerned over the fact that a number of High Court actions have been brought against Limestone Construction Ltd.
In an affidavit Ms Mary Hutch Head of Investigations and Compliance of the Irish Pension's Board had concerns that "assets of the company were no longer theirs," that it was "not paying it creditors", and "owe a substantial amount of money".
The board learned from a report in the media on February 25th last that the High Court had made an order requiring two directors of the company Colm and Martina McNulty of Kilreesk Lane, St Margarets, Co Dublin to pay €1.8m to meet debts due by Limestone Construction Ltd.
The board also had concerns over the finding that that Limestone Construction's employees appeared to be transferred from the company to another.
The board's investigation revealed that workers with the firm started to receive payslips from another construction company.
The Court also heard that the board had made its demands to the company and informed it that it intended to bring proceedings, however the firm had "failed to respond".
The company were not present in court and no representations were made on their behalf.
Ms Justice Mary Laffoy said that there was "some urgency about the matter" and listed the case for hearing on March 31st next. The Judge also directed that any replying affidavits be filed by March 26th.
