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Not misleading or deceptive behaviour

Good faith requires that employers, unions, and employees must act in a way that is truthful and will not mislead each other.

Parties should be careful and make sure that whatever they do or say is truthful and should not mislead the other party.

Examples

  • Employers should be honest about the reasons for taking disciplinary action against employees. They should not act with hidden motives.
  • Employers should be honest about the process used when investigating allegations of misconduct. For example, if they say they are going to use an independent investigator, this person must be truly independent.
  • Misleading behaviour can include a decision to withhold information. Where an employee is under investigation, all available evidence should be presented, even if that evidence works against them. For example, an employer should not withhold evidence which supports the employee’s account of events.
  • When an employee is under investigation, no false evidence should be presented.
  • When parties are agreeing to a variation of an employment agreement, employers should be upfront about exactly what they are changing and what is being added or removed.
  • If a union decides to call off a strike, they should inform the employer as soon as possible and not leave it until the last minute.

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