This article focuses on the European Court of Justice ruling in the Von Colson case (1984) and how it is currently applied in Labour Court cases to assess compensation.


Introduction

Successful actions under employment legislation generally result in an award of financial compensation to the claimant. There are, however, exceptions to this general principle. An unfair dismissal claim, for example, may result in the reinstatement or re-engagement of the claimant. An employment equality claim may involve an employer being ordered to put in place transparent written procedures in addition to an award of compensation.

When compensation is ordered, different pieces of employment legislation may in turn vary on the basis for the award. Under the unfair dismissal legislation, for example,