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Undue Influence Duress
The Employment Relations Act contains provisions that prohibit undue influence and duress in employment. This guide provides a detailed discussion about the requirements contained in these provisions.
If undue influence is proven in a contractual situation, the common law provides the party who
has been unduly influenced with a remedy.
If duress is proven in a contractual situation the common law provides the party who has been
subjected to duress with a remedy.
The Employment Relations Act 2000 provides remedies for undue influence and duress in
Under the Act the doctrine of undue influence is applicable to all employment relationships and
is concerned with the freedom of association.
Under the Act the doctrine of duress is restricted to employment relationships between
employers and employees and is concerned with unconscionable bargains that prohibit an
employee’s participation in any group that exists to further the employment interests of those
who belong to it.
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