In Courage v Attorney-General [2022] NZEmpC 77, the Employment Court found that former members of the Gloriavale Christian Community had been employees from as young as six-years-old through to the time they left the community. Chief Judge Inglis rejected a strict contractual approach to assessing employment status, holding that it was “inapt”. Her Honour found that Gloriavale’s reliance on child labour was important for the successful operation of its businesses and rejected a submission that those in the youngest age bracket could not be employees, noting that it would be:

“ … perverse and contrary to the scheme of the legislation to draw such an inference [that there was no intention to form contractual relations] in circumstances where the governing legislation itself implicitly acknowledges that children can enter into employment relationships which are (by their nature) contractual.”

Her Honour went on to caution against reliance on assumptions, particularly those rooted in outdated social norms, which have historically had the tendency to disadvantage particular groups of workers (notably, those who are presumed to offer their services for free).

“… the fact that work practices take place within a religious community with a particular view on how it should operate, and the principles under which it will function, does not mean that those work practices are beyond the reach of the law. The point has particular force where the work practices are applied for the benefit of commercial operations. Nor does it mean that such communities should escape close scrutiny by those with statutory authority to determine what the reality of the situation is, and how it sits with the relevant regulatory framework.”

For updated commentary, see s 6 Employment Relations Act 2000, specifically [ER6.01(2)], [ER6.03(4)], [ER6.07].

Further reading

David Burton of Mahony Horner Lawyers says the decision is a significant one in many senses but is based on now well-established principles in employment law. Read the article here.

Charities Services is to launch an investigation into Gloriavale, and both WorkSafe and the Labour Inspectorate are to visit the community, following the Employment Court ruling. Children's Commissioner Judge Frances Eivers said she's concerned to hear of children from young ages being worked regularly and for long hours for the benefit of Gloriavale's commercial operations. Read the full story here.

Two of the most senior leaders of Gloriavale have resigned following a public apology in which Gloriavale has said it was drawing "a firm line in the sand between the past and the future". Read the full story here.

Some companies that supply Gloriavale with meat and dairy products have ceased supply or are taking legal advice because of concern about the community's labour practices. Read the full story here.