In a judicial review case of Star Homes (Midleton) Limited v The Pensions Ombudsman and Anna Szeefs (December 2010) the employer claimed that a determination of the Pensions Ombudsman should be quashed as the employer was not afforded an oral hearing.  The Pensions Ombudsman’s determination concerned the employer’s refusal to pay death in service benefits to the widow and dependent children of a deceased employee, the employer claiming that the employee had made insufficient contributions to the relevant pension scheme. 

The employer submitted that because there was a dispute as regards the timing of when the deceased employee received a P45 form, the employer was entitled to an oral hearing before the Pensions Ombudsman.  The High Court noted that in judicial review proceedings, the applicant bears the burden of proof and it depends on the circumstances of the case whether the Court will intervene and order that an oral hearing be conducted.  It was held that since the employee concerned was deceased and considering that the employer could explain the timing of the P45 form through a written response, an oral hearing was not required.  The Court stated that its decision was also influenced by the applicant’s fraudulent behaviour and its failure to adhere to legal and moral duties towards the widow and dependent children, and that the Pensions Ombudsman’s determination had been well within the bounds of reasonableness.

Contributed by Michael Wolfe.