Legal costs: Gloriavale’s Overseeing Shepherd ordered to pay former women members $274,000 as they were actually workers

Legal costs: Gloriavale’s Overseeing Shepherd ordered to pay former women members 4,000 as they were actually workers

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’s chief judge Christina Inglis last year found former Gloriavale members Crystal Loyal (left), Virginia Courage, Serenity Pilgrim, Anna Courage, Rose Standtrue and Pearl Valor were employees, not volunteers. Photo / Nate McKinnon, RNZ

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.

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.

Chief Employment Court Judge Christina Inglis. Photo / George Heard
Chief Employment Court Judge Christina Inglis. Photo / George Heard

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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