4A Penalty for certain breaches of duty of good faith

A party to an employment relationship who fails to comply with the duty of good faith in section 4(1) is liable to a penalty under this Act if—

(a)

the failure was deliberate, serious, and sustained; or

(b)

the failure was intended to undermine—

(i)

bargaining for an individual employment agreement or a collective agreement; or

(ii)

an individual employment agreement or a collective agreement; or

(iii)

an employment relationship; or

(c)

the failure was a breach of section 59B or section 59C.

Section 4A: inserted, on 1 December 2004, by section 6 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).