New Zealand Legislation: Acts

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).