‘Overseeing shepherd’ is the employer in Gloriavale case

The Employment Court has ruled that a group of women who took a case against Gloriavale leaders were employed by the Overseeing Shepherd.

It means that former employees of the community can seek compensation and back pay from the current Overseeing Shepherd Howard Temple.

Employment Court Chief Judge Christina Inglis released her reserved decision yesterday. InJuly 2023, the judge found the plaintiffs, women who worked in the community’s kitchens, laundries and schools, were employees and not volunteers.

The earlier decision meant members had rights under employment law, including minimum working conditions and pay. It superseded a Labour Inspectorate investigation which concluded members were not employees.

In her reserved decision, Chief Judge Inglis said the employer was the overseeing shepherd because he was the ultimate controlling force over work and assets in the community.

From the inception of the Gloriavale Community until his death on May 15, 2018, the overseeing shepherd was Hopeful Christian. Howard Temple assumed the role on that date. When Temple dies, it will be Stephen Standfast.

Brian Henry, who led the legal team representing the women, welcomed the decision. Particularly the judge’s finding that it was the role of overseeing shepherd that had ultimate authority, not an individual occupying that position. “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.

Chief Judge Inglis said if the plaintiffs wanted to pursue a claim for compensation, lost wages and penalties, fresh proceedings would need to be filed with the Employment Relations Authority (ERA). She directed the parties to consider mediation.