S.L. 452.172 Art. 14Right to lost pay and compensation.

(1) Without prejudice to any criminal proceedings brought in relation to any offence committed against these regulations and without prejudice to any conciliation or mediation proceedings initiated with a view to the rectification of any possible breach of these regulations, any person who has sustained any loss in pay as a result of a breach of any right or obligation relating to the principle of equal pay for equal work or work of equal value may refer the matter to the Industrial Tribunal for redress as provided in article 30 of the Act, and shall be entitled to claim and obtain full payment of any lost pay together with compensation in accordance with this regulation. In such circumstances, the timelines established in accordance with article 30 of the Act shall not apply, and those established in regulation 16(1) shall apply.

(2) For the purpose of this regulation, payment of lost pay includes full recovery of back pay and related bonuses or payments in kind.

(3) For the purposes of this regulation, the compensation for damages referred to in sub-regulation (1) shall constitute real and effective compensation for the damages sustained, in a dissuasive and proportionate manner and shall include compensation for lost opportunities, non-material damage, and any damage caused by other relevant factors which may include intersectional discrimination. Such compensation shall be over and above any reparation for loss of pay.

(4) In awarding compensation, the Industrial Tribunal shall take into consideration all relevant circumstances of the case, including the cooperation of the employer, the duration of any breach, whether the actions of the employer were manifestly unintentional and of a minor character and whether the actions of the employer were motivated by vexatious reasons amongst others.

(5) Damages in excess of an amount equivalent to that provided for by way of payment of lost pay shall be awarded only where the discrimination was carried out wilfully and for vexatious reasons.

(6) The payment of lost pay shall place the worker who has sustained such loss in the position in which that person would have been if there had been no breach of any of the rights or obligations relating to the principle of equal pay, or if such person had not been discriminated against based on sex.

(7) Where a claim is brought before the Tribunal and no categorisation of workers has been carried out, the Tribunal shall appoint an expert as suggested by the parties to such proceedings for the purposes of such categorisation. If the parties fail to agree on such expert, the Tribunal shall appoint such expert itself.

(8) Any party to a decision delivered by the Tribunal who feels aggrieved by a decision of the said Tribunal relating to the principle of equal pay for equal work or work of equal value, may appeal to the Court of Appeal as provided in article 82 the Act.