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—
the failure was deliberate, serious, and sustained; or
the failure was intended to—
undermine bargaining for an individual employment agreement or a collective agreement; or
undermine an individual employment agreement or a collective agreement; or
undermine an employment relationship; or
undermine the pay equity claim resolution process under Part 4 of the Equal Pay Act 1972; or
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).
Section 4A(b): replaced, on 6 November 2020, by section 33 of the Equal Pay Amendment Act 2020 (2020 No 45).