80Effect of breach of Act etc. on contracts of employment etc.

#### 80 Effect of breach of Act etc. on contracts of employment etc. (1) Subject to subsection (3), a breach of this Act or the regulations by an employee is to be taken, for all purposes, including, in the case of a person appointed or engaged under the Public Service Act 1999 to be a breach of the terms and conditions upon which the person is employed. (2) Subject to subsection (3), where a person who occupies an office or position established by an Act, other than the Public Service Act 1999, breaches this Act or the regulations, that breach may be taken into account in determining whether that person has been guilty of misbehaviour for the purposes of that first‑mentioned Act. (3) Subsections (1) and (2) do not apply to a breach of this Act or of the regulations constituted by a refusal or failure to do an act or thing (other than an act or thing that a person is required to take all reasonably practicable steps to do) where, because of an emergency prevailing at the time of the refusal or failure, it was not reasonably practicable to do that act or thing. (4) Any term of a contract of employment that purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying, the application of this section in relation to the contract is void.