(From left to right) Crystal Loyal, Virginia Courage, Serenity Pilgrim, Anna Courage, Rose Standtrue and Pearl Valor. Photo: RNZ / Nate McKinnon
Gloriavale's Overseeing Shepherd has been ordered to pay six former members who were found to have been Christian community employees more than $274,000 in legal costs.
In July 2023, the Employment Court's chief judge found the women worked extremely hard under punishing conditions for years preparing food, cooking, cleaning and doing the laundry for the community's 600 members, and were not volunteers.
Chief Judge Christina Inglis later ruled Gloriavale's Overseeing Shepherd was the ultimate controlling force as the women's employer, paving the way for claims for lost wages and compensation.
In a further judgment released on Tuesday, Judge Inglis ordered the Overseeing Shepherd to pay the women $274,427.75 in legal costs, plus GST, within 28 days.
Purity Valor shows Employment Court Chief Judge Christina Inglis around Gloriavale on 24 February 2023. Photo: RNZ / Jean Edwards
Serenity Pilgrim, Anna Courage, Rose Standtrue, Crystal Loyal, Pearl Valor, Virginia Courage and three other former members had also lodged an Employment Relations Authority claim against Gloriavale for lost wages and compensation believed to total $5.2 million.
The Employment Court heard the women's barrister Brian Henry and his legal team were working on a "fair-fee" basis.
Gloriavale leaders expressed concerns about whether the women had incurred any legal costs - noting they had received donations towards the cost of their proceedings - and suggested Henry might be in a windfall position, effectively being paid twice.
Henry did not accept concerns about potential double-dipping, saying even if costs were awarded at the level reserved for complex or significant cases involving a large amount of time, they would still be less than the actual expenses incurred.
Judge Inglis acknowledged the social value in Henry litigating on behalf of people who might otherwise have had difficulty taking their case to the court and declined to make a reduction to account for partial funding through public donations.
"It is appropriate that costs be ordered against the Overseeing Shepherd (position, not individual). I reach that conclusion because the Overseeing Shepherd was held to be the employer and it is the Overseeing Shepherd who is ultimately responsible for all that goes on within the Gloriavale community," she said.
The former Gloriavale members outside the Employment Court after being found employees. Photo: RNZ / Nate McKinnon
Judge Inglis declined to make an order of costs against the Attorney-General, sued on behalf of the Ministry of Business, Innovation and Employment and the Labour Inspectorate.
No submissions were advanced on behalf of Gloriavale defendants Howard Temple, Samuel Valor, Faithful Pilgrim, Noah Hopeful and Stephen Standfast that costs should be reduced for financial hardship.
Separately, Henry has brought High Court action against the Attorney-General, who is being sued on behalf of five government agencies accused of knowingly allowing abuse to happen at Gloriavale.
A multi-million dollar class action lawsuit has also been filed against Gloriavale and five government agencies by former members who claim they were held as slaves from birth by the Christian community's leaders.
Police have been investigating allegations of forced labour, slavery and servitude at Gloriavale.
BNZ also wants to shut the community's bank accounts, arguing Gloriavale breached its human rights policy following an Employment Court finding that the sect used child labour.
The Court of Appeal last month reserved a decision on whether an injunction would remain in place preventing BNZ from closing Gloriavale's accounts until the case was heard at trial.
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