Employment Court Decision Paves Way Forward For Gloriavale Six

The Employment Court has this morning released the decision on who was the employer of six former Gloriavale women (Serentity Pilgrim, Anna Courage, Rose Standtrue, Crystal Loyal, Pearl Valor and Virginia Courage).

Chief Judge Christina Inglis says the Overseeing Shepherd is the employer and makes clear that relates to the role, not a specific individual who held that role at any particular time.

Barrister Brian Henry who leads the legal team representing the former Gloriavale members, says this point is critical as the defendants had argued that when an Overseeing Shepherd dies, any claim related to the time that person was in charge, could not be pursued.

“Chief Judge Inglis is very clear in her decision that it is the role of the Overseeing Shepherd not the individual which carried the ultimate responsibility within the Community [Para 30],” says Mr Henry.

“We are pleased to now have the clarity needed to move forward,” he says. “The decision by Chief Judge Inglis paves the way for us to continue the fight for justice for our clients which includes filing in the courts against the Labour Inspectorate and seeking financial redress for loss of wages and compensation for the terrible breaches of law and appalling treatment these women have had to endure. Gloriavale is a large, well-oiled machine worth around $65m and in possession of significant assets. There are 65 million reasons to keep fighting this to achieve the justice these and many other former Gloriavale victims, are entitled to,” he says.

Brian Henry says he and his team expect the defendants to appeal the decision.

-ENDS-

Please, particularly note in the judgement:

Note:  Paragraph 7 in the decision refers to the plaintiffs progressing their claim in the Employment Court or in the High Court. This is part of the considerations moving forward.

[7] The two points are intertwined. I agree with Mr Skelton that the adjournment application puts the cart before the horse. At this stage the Employment Court is simply dealing with employment status. That is the gateway which each plaintiff must pass through before proceeding to the next step available to them in this jurisdiction, namely claims for lost wages, breach of minimum entitlements, compensation, penalties and the like. Any such claims would need to be commenced in the Employment Relations Authority, though may be removed to the Court for hearing.

[15] I have formed the view that at all material times the employer was the Overseeing Shepherd. Essentially that is because the evidence pointed squarely to the Overseeing Shepherd, at any particular point in time, being the ultimate controlling force within the Community, specifically (although not exclusively) in respect of work and in respect of the assets of the Community. While it is true that the Shepherds play an important role, including in relation to work undertaken within the Community, by whom and when, they are not the ones who ultimately pull the strings. The ultimate string-pulling function, and entitlement to do so by virtue of the Community’s foundational documents, sits firmly with the Overseeing Shepherd. From the inception of the Gloriavale Community until his death on 15 May 2018, the individual holding that role was Hopeful Christian and, from that date, Howard Temple

[29] Fundamental too is the fact that it is only because of the authority conferred on the Overseeing Shepherd that the man who holds that role has the ability to exercise ultimate control over the Community and its members’ lives, including as to work.

[30] The reality of the Community’s operational structure and way of life, who does what, when and how within the Gloriavale internal world, is that it is the role of Overseeing Shepherd, not the individual, which carries the ultimate authority within the Community.