110 Duress

(1)

For the purposes of section 103(1)(f), an employee is subject to duress in that employee’s employment in relation to membership or non-membership of a union or employees organisation if that employee’s employer or a representative of that employer directly or indirectly—

(a)

makes membership of a union or employees organisation or of a particular union or employees organisation a condition to be fulfilled if that employee wishes to retain that employee’s employment; or

(b)

makes non-membership of a union or employees organisation or of a particular union or employees organisation a condition to be fulfilled if that employee wishes to retain that employee’s employment; or

(c)

exerts undue influence on that employee, or offers, or threatens to withhold or does withhold, any incentive or advantage to or from that employee, or threatens to or does impose any disadvantage on that employee, with intent to induce that employee—

(i)

to become or remain a member of a union or employees organisation or a particular union or employees organisation; or

(ii)

to cease to be a member of a union or employees organisation or a particular union or employees organisation; or

(iii)

not to become a member of a union or employees organisation or a particular union or employees organisation; or

(iv)

in the case of an employee who is authorised to act on behalf of employees, not to act on their behalf or to cease to act on their behalf; or

(v)

on account of the fact that the employee is, or, as the case may be, is not, a member of a union or employees organisation or of a particular union or employees organisation, to resign from or leave any employment; or

(vi)

to participate in the formation of a union or employees organisation; or

(vii)

not to participate in the formation of a union or employees organisation.

(2)

In this section and in section 103(1)(f), employees organisation means any group, society, association, or other collection of employees other than a union, however described and whether incorporated or not, that exists in whole or in part to further the employment interests of the employees belonging to it.

Compare: 1991 No 22 s 30