Section 4A — Employment Relations Act 2000: Penalty for certain breaches of duty of good faith

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 was inserted, as from 1 December 2004, by section 6 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.