Gloriavale’s workforce voluntary, says authority
An investigation by the Labour Inspectorate has concluded members of the Gloriavale Christian community cannot be classed as employees.
In a statement released yesterday, the inspectorate said the finding meant it had no jurisdiction over the West Coast community and would take no further investigation or enforcement action at this point.
Gloriavale Leavers Trust manager Liz Gregory said the decision was very disappointing because many of those who quit the community still believed they had been exploited, despite the finding that their work did not meet the legal threshold for ‘‘employment’’.
‘‘They are saying what about the fact I worked as a child, that I left the community after a decade with just the clothes on my back?’’
The inspectorate investigated the employment status of people living and working at Gloriavale in 2017 after concerns raised by Charities Services, and again in 2020 after allegations of long working hours were made by two community members. The results of both inquiries showed no employment relationships existed within Gloriavale as defined by New Zealand employment law.
Labour Inspectorate national manager Stu Lumsden said an employee was defined as a person who had agreed to do any work for some form of payment or reward under a contract of service.
‘‘The evidence we evaluated showed that people who have lived or are living at Gloriavale gave service to the community without the expectations of being paid as individuals.’’
Between September 2020 and February 2021, the inspectorate interviewed 39 current and 13 former Gloriavale members, reviewed a range of documents provided by the community and individual members, and sought advice from Crown Law.
The inspectorate found documents signed by Gloriavale members suggested they did not intend to enter into an employment relationship, it appeared they had received independent legal advice, and there was no evidence they signed the documents under duress.
The parties intended to create a ‘‘sharing community’’ with religious beliefs as the focal point and work was ‘‘a means of providing for the whole community, rather than for individual gain’’.
‘‘We understand there may be concern about whether individuals were able to make fully informed decisions while residing at Gloriavale, but this is not something the Labour Inspectorate can address within the scope of employment law,’’ Lumsden said.
While no further action could be taken at this stage, he said the inspectorate would continue to monitor the situation at Gloriavale, and would take note of any new complaints or information.
Gregory said leavers would consider how they could pursue their concerns through other avenues now the Ministry of Business, Employment and Innovation had decided the matter was outside its jurisdiction.
‘‘There are still issues, they have not gone away, and you have to ask why people are still coming out saying they feel they have been exploited.’’
‘‘Many of those who quit the community still believed they had been exploited, despite the finding that their work did not meet the legal threshold for ‘employment’.’’
Liz Gregory Gloriavale Leavers Trust manager