13 Unfair practices in relation to derecognition ballots
Employment Relations Act 2004 (2004 c 24) | Legislation

13  Unfair practices in relation to derecognition ballots

(1)     After paragraph 119 of Schedule A1 to the 1992 Act insert—

“119´¡

(1)     Each of the parties informed by the CAC under paragraph 117(11) must refrain from using any unfair practice.

(2)     A party uses an unfair practice if, with a view to influencing the result of the ballot, the party—

(a)     offers to pay money or give money's worth to a worker entitled to vote in the ballot in return for the worker's agreement to vote in a particular way or to abstain from voting,

(b)     makes an outcome-specific offer to a worker entitled to vote in the ballot,

(c)     coerces or attempts to coerce a worker entitled to vote in the ballot to disclose—

(i)     whether he intends to vote or to abstain from voting in the ballot, or

(ii)     how he intends to vote, or how he has voted, in the ballot,

(d)     dismisses or threatens to dismiss a worker,

(e)     takes or threatens to take disciplinary action against a worker,

(f)     subjects or threatens to subject a worker to any other detriment, or

(g)     uses or attempts to use undue influence on a worker

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