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(i) the employee will not be entitled to any payments; and (ii) the employer refuses to accept the performance of any work by the employee until the employee is prepared to perform all of his or her normal duties; then the employee is not entitled to any payments in relation to the period (the industrial action period ) referred to in subsection (5). (4A) If: (a) an employer has given an employee a notice under paragraph (4)(c); and (b) the employee fails or refuses to attend for work, or fails or refuses to perform any work at all if he or she attends for work, during the industrial action period; then: (c) the failure or refusal is employee claim action , even if it does not satisfy subsections 409(2) and 413(4), if the related industrial action referred to in paragraph (4)(a) is employee claim action; or (d) the failure or refusal is employee response action , even if it does not satisfy subsection 413(4), if the related industrial action referred to in paragraph (4)(a) is employee response action.