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Former Gloriavale women who have won vindication over their claim they were employees at the Christian community says it feels “incredible to be heard, honoured and believed after their victory in an Employment Court case.
Their lawyer, Brian Henry, says the court’s decision is significant, and shows the women “were treated as slaves”.
Employment Court Chief Judge Christina Inglis declared the women were employees rather than volunteers in her decision, released on Thursday, into the 10-week case brought by six women – Virginia Courage, Pearl Valor, Serenity Pilgrim, Rose Standtrue, Anna Courage and Crystal Loyal.
The women claimed they were exploited and treated like slaves while working on the community’s domestic teams, preparing food, cooking, cleaning and doing the laundry.
Speaking outside Christchurch’s Justice Precinct following the ruling’s release, Courage said: “(Those left in Gloriavale) are our friends, they’re our family and we’re thrilled with the judgement.
“We’re thrilled we have rights and we’re thrilled the women in Gloriavale have rights.”
Senior figures at Gloriavale say they intend to appeal.
In her decision, Judge Inglis said it was apparent that the women’s experience working at Gloriavale had left “deep scars”.
“I was left with no doubt that they worked extremely hard, and under punishing conditions, during their time on the teams.”
The women were “essentially trained to enjoy work from a very young age”, the judge found.
“(They) would work willingly and bear any hardship that came with it without complaint,” she said.
Judge Inglis accepted that the women were told: “It was good to suffer. It was good to put your flesh down, and it was good to be tough…. you were taught not to complain. You were taught that you needed to be happy in denying yourself.”
In a typical week in 2018, the female workforce in the Gloriavale kitchen produced more than 11,000 meals and in the laundry washed at least 17,000 items.
The work was “unrelenting, grinding, hard, and physically and psychologically demanding”, the judge noted.
Joanne Naish/Stuff
Gloriavale member Purity Valor shows Chief Judge Christina Inglis around the West Coast Christian Community.
“I have reached the conclusion … that the plaintiffs did their work … because that is what they were told to do, what each of them had been trained to accept from birth, and the consequences of not doing what was expected (namely falling “out of unity”) were dire and well known – exclusion from the Community, from all that was familiar, from family and friends, and into a world they know little about, were ill-equipped to navigate and had been taught to fear.”
Henry said the women took “huge umbrage” at being called volunteers and felt vindicated by the judge’s decision, who seemed to understand what they went through.
“They were treated as slaves … the judge got it.”
A large part of the women’s efforts were for their younger siblings who are still in the community, Henry said, and they were worried about. The victory would allow them to be recognised as employees for the work they were doing.
“That was a big motivation. Some have their whole families in there still … they were standing up against what was going on.”
Once the specific employers for each woman were determined at a later date, claims could be lodged against each one, Henry said.
The judge’s decision showed she understood the control Gloriavale leaders had over women through fear and a power imbalance.
“I was personally very impressed (with the judge). She was very insightful … it’s quite amazing.”
The recognition of employment status meant while working in the community, the women were entitled to meal breaks, holidays, sick leave and minimum pay, as well as the ability to join a union and bargain.
Joanne Naish/Stuff
Gloriavale is located in a remote part of the West Coast.
Employment status also enabled the Labour Inspectorate to have jurisdiction to safeguard, enforce and maintain conditions of employment, particularly for those vulnerable to exploitation.
In his closing submission in March, Henry, outlined a system of entrapment and control that started at birth, was fed to the women through religion and education, and resulted in them being “subservient” to the overseeing shepherd and his fellow leaders.
The question of whom the employer of each woman was during the relevant times was adjourned to be determined at a late date. The women were entitled to costs, the amount of which was reserved, the judge’s decision said.
The Employment Court heard evidence from the former Gloriavale women, who said they worked up to 90 hours a week.
Shepherd Samuel Valor said in his closing submission that Gloriavale’s communal religious society was not a sham and there was no capitalist labour market hidden within the Christian community.
Valor told the court the women were not Gloriavale employees and members instead lived a sharing life, holding all things in common.
Gloriavale’s barrister, Carter Pearce, told the court the plaintiffs’ evidence was “exaggerated for effect”, and the women had not complained about working on the teams or said they believed they were in an employment relationship while living at Gloriavale.
The court heard the Labour Inspectorate would reopen an investigation into Gloriavale and consider enforcement action if the women were found to have been employees. It had previously found no employment relationships existed within Gloriavale as defined by New Zealand employment law.
In a statement on behalf of a group of defendants from Gloriavale – Howard Temple, Samuel Valor, Faithful Pilgrim, Noah Hopeful and Stephen Standfast – Temple said they believe the “decision is wrong and we intend to appeal”.
“The decision has significant and wide-ranging implications beyond just our community.
“This includes how New Zealand faith-based communities, iwi and whānau choose to live and structure their household responsibilities.”
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