Source: Radio New Zealand
Gloriavale members received payments into their own accounts but those payments could be taken out again by the community’s financial controller. RNZ / Jean Edwards
Gloriavale’s leaders made sham payments to community members to make it appear as though they are rewarded for their efforts, the Employment Court has heard.
A group of nine leavers are seeking to quash Labour Inspectorate findings from 2017 and 2021 that those working in the community were not employees.
The group are seeking judicial review of alleged actions and inactions of labour inspectors who investigated and reported on concerns about work within the Gloriavale Christian Community, particularly two reports that found workers were not employees.
The Employment Court has since found those working for the West Coast community’s businesses are employees and the community’s so-called Overseeing Shepherd is their employer.
The Labour Inspectorate – a unit of the Ministry of Business, Innovation and Employment – found in 2021 it had no jurisdiction over the community as workers were not employees under New Zealand’s law.
However, the leavers’ lawyer Brian Henry told the Employment Court at Christchurch on Monday that conclusion followed a 2021 inspection of the community in which the inspector raised concerns about the conditions in the community.
Henry read the labour inspector’s notes, made at the time of her visit, to the court.
“They chose who we spoke to – possible cherry picking, but we were able to wander about,” the inspector’s notes said.
“Only spoke to people of standing in the community. The leader stayed close to us, suggested that we interviewed him – refused.
“Seem to know how much they get paid. Process of putting money into their accounts only for the financial controller to take it out again is a sham. It is a sham to attempt to show people are being paid.”
Members who were part of the community’s “partnership” received payments into their own bank accounts but those payments could be taken out again by the community’s financial controller.
Henry told the court the inspector had recognised the partnership structure used in the community was a sham.
“These are notes made at the time as she’s leaving Gloriavale,” Henry said.
“We all know the value of notes made at the time. Here she is, she’s recording this has been a controlled situation. But most importantly she has understood from talking to these people that this payment structure, which is part of the partnership, is a sham.
“So how did she go from there to a final report saying no one’s an employee based on the partnerships?”
Henry also detailed to the court the working conditions in the community, including boys as young as 6-years-old working in its businesses, a large dairy operation overseen by 14-year-olds, and girls working in what the community’s leaders described as the largest kitchen in the country.
A letter from the Department of Internal Affairs to the Labour Inspectorate outlined concerns about excessive hours, no holidays, insufficient maternity leave, child labour, minimum wage breaches, and poor record keeping.
“The overwhelming impression of Gloriavale when you get there is that this is an industrial complex,” Henry said.
“It had farms, a rendering plant which is very heavy industry, sphagnum moss processing plants, honey factories, projects including drilling for oil and operating an airline, and the workforce is supported by what Neville Cooper – Hopeful Christian – called the biggest kitchen in New Zealand.
“It is quite overwhelming to look at the industrial size of that kitchen producing food for 600 odd people three times a day, approximately 11,000 meals a week.”
The idea workers at the community could be considered volunteers could be “very readily dispelled”, Henry said.
“The vast majority of workers, by the time of the inspectorate investigations leading up to the 2017-2021 reports, were born into or brought in from infancy in the community.
“Life rules are set out in the manual called What We Believe. It’s not just religious, it is their actual life … rules.
“What We Believe states ‘education is limited to the needs of the community’, i.e. the work they’re assigned by the Overseeing Shepherd and they have no choice of their role – especially females.
“All Gloriavale workers do as instructed by their supervisors, responsible to the Overseeing Shepherd, there is no discretion. Gloriavale is an industrial complex with multimillion dollar businesses.
“What We Believe directs all Gloriavale members must do what they’re able to do or they do not eat. All Gloriavale members must support the leaders.
“The workers all owe the Overseeing Shepherd to abide by the doctrine of unity and submission – absolute control. The shepherd has enforcement processes to enforce What We Believe, which are draconian.
“The shepherd decides who a worker marries and before they’re permitted to marry they have to sign the commitment.”
Members were told they could not leave Gloriavale without jeopardizing their eternal soul, Henry said.
The relationship between the community’s leaders and its workers was one of absolute power and control, he said.
“It’s the antithesis of being a volunteer.
“A volunteer is someone who does work without being paid for it because they want to do it. So they’re certainly doing work without being paid for it – they were getting their keep – but they weren’t doing it because they want to, they were doing it because they had to.”
The hearing is set down for five days.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand