Section 107 — Employment Relations Act 2000: Definition of involvement in activities of union for purposes of section 104

107 Definition of involvement in activities of union for purposes of section 104 (1) For the purposes of section 104 , involvement in the activities of a union means that, within 12 months before the action complained of, the employee— (a) was an officer of a union or part of a union, or was a member of the committee of management of a union or part of a union, or was otherwise an official or representative of a union or part of a union; or (b) had acted as a negotiator or representative of employees in collective bargaining; or (ba) had participated in a strike lawfully; or (c) was involved in the formation or the proposed formation of a union; or (d) had made or caused to be made a claim for some benefit of an employment agreement either for that employee or any other employee, or had supported any such claim, whether by giving evidence or otherwise; or (e) had submitted another personal grievance to that employee's employer; or (f) had been allocated, had applied to take, or had taken any employment relations education leave under this Act; or (g) was a delegate of other employees in dealing with the employer on matters relating to the employment of those employees. (2) An employee who is representing employees under the Health and Safety in Employment Act 1992 , whether as a health and safety representative (as the term is defined in that Act) or otherwise, is to be treated as if he or she were a delegate of other employees for the purposes of subsection (1)(g) . Compare: 1991 No 22 s 28(2) Subsection (1)(ba) was inserted, as from 1 December 2004, by section 40 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions. Subsection (2) was inserted, as from 5 May 2003, by section 33(2) Health and Safety in Employment Amendment Act 2002 (2002 No 86).