Questão jurídica principal
Whether the respondent had an independent claim to discriminatory equal pay back pay
Decisão extraída
Yes. She could invoke the constitutional equal-pay guarantee and the Equality Act directly, regardless of the 2001 judgment or the 2001 settlement.
Fundamentação extraída
The cantonal court did not rely on prior instruments but on a new comparison showing discrimination vis-à-vis police functions; the respondent had a direct claim to non-discriminatory pay under Art. 8(3) BV and Arts. 3 and 5 GlG.