Two members of Tara Mines Disabled Workers and Pensioners Association have brought a High Court action challenging the conduct of an election for the trustees of the Tara Mines Limited Pension Plan.
The two applicants, Martin Philip Cantwell and Dermot Mooney, say it is "essential the High Court adjudicate" on what they allege is "maladministration" of the pension plan.
Mr Justice Michael Peart yesterday granted leave to bring judicial review proceedings in which the applicants have made complaints about the conduct of the election for the trustees which took place in January 2006.
The court was told by Mr Cantwell, chairman of the Tara Mines Disabled Workers and Pensioners Association, that the case had implications for about 3,000 workers nationwide. He was supported in his application by Mr Mooney, also a member of the disabled workers organisation which claims a membership of about 100.
Mr Cantwell, who is a member of Meath County Council and a peace commissioner, said in an affidavit that it was most urgent that the seriously-ill members and their dependants had their rights upheld by the court. He said that for more than 25 years no individual operating the pension plan funds would account for themselves.
He said the pensioners association was most concerned and fearful about what had been done regarding their only realisable asset in financial terms.
Having noted that the applicants were not legally represented, the judge gave them liberty to file an amended statement of grounds to set out precisely what they are seeking in their proceedings.
The applicants told the court the Pensions Ombudsman Paul Kenny had carried out an investigation of their complaint in relation to "maladministration" in relation to the the election of member-nominated trustees in 2005/2006 and had upheld their complaint in its "essentials".
In his final determination of the complaint by Mr Cantwell, delivered on December 21st last, Mr Kenny said the form of the maladministration was failure to follow guidance notes issued by the Pensions Board for the conduct of member trustee ballots. He said the timescale laid down for the receipt of uncompleted ballots was unfair to the members and that the employer was guilty of maladministration in relation to the distribution of ballot papers to the disabled workers who were entitled to vote.
Mr Kenny had also noted that the Pensions Board had declared the election was nevertheless valid, despite the shortcomings he had referred to. Mr Kenny had stated he could not invalidate the election but he directed that the timetable as prescribed in the regulations be adhered to, "to the letter", in any future ballot.
