Company pleads guilty to pension charges

Payment plan to be reviewed in November

Sydney Michael Shaw, a representative of DSM Investments Ltd., trading as Millennium Equipment, entered guilty pleas on behalf of the company last week to four charges of failing to provide a pension plan for an employee. 

The charges relate to four employees and four time frames between March 2006 and April 2014. The amounts of pension payments due were not stated in the charges. 

The matter first came to court in October 2014.  

The same four charges were not put to the second defendant, Matthew Ian Wight, and no application was made in regard to his file. 

Crown counsel Kenneth Ferguson confirmed to Magistrate Philippa McFarlane on Thursday that negotiations had been completed and Mr. Shaw and Mr. Wight, described as part owners of the company, had agreed to pay outstanding pensions and interest. 

Mr. Ferguson said the Crown would be applying for costs because significant work had been undertaken by the Pensions Office in relation to the accounting and negotiations. 

Defense attorney Richard Barton asked for the charges to be put and Mr. Ferguson applied to have Mr. Shaw’s name removed from them. Mr. Shaw then pleaded guilty on behalf of the company, as one of its directors. 

There are two other charges against the company – failing to pay pension contribution arrears within the time given and failing to provide information requested by the Superintendent of Pensions without reasonable cause. 

Mr. Ferguson indicated that these two charges would be reviewed and the Crown was likely to take a certain course, provided that the pension repayment was made as agreed. 

The matter will be mentioned again on Nov. 26. 

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