Why are children working 70 hours a week at Gloriavale not 'slaves'?
Sunday, 13 March 2022
Children who work for long hours at Gloriavale under threat of hell, being hit, starved or kicked out if they refuse are not slaves, a court has heard.
Three leavers have lodged a case in the Employment Court against the attorney-general and leaders of the West Coast Christian community.
Chief Judge Christina Inglis has reserved her decision into whether an employment relationship existed between Gloriavale leaders and the leavers when they worked in the community’s commercial businesses.
The former members, who were born in Gloriavale, described beginning work in the businesses aged 6. They said if they failed to work they were hit with implements such as rods, food was withheld and they were publicly shamed.
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Counsel assisting the Employment Court and independent observer of the proceedings Robert Kirkness said in his closing submission the case had elements of slavery, but he submitted it amounted to forced labour.
Lawyers for Gloriavale told the court there were no employment relationships because the people worked for their shared faith-based beliefs to ensure the needs of the community were met.
Kirkness said the judge’s decision did not come down to a simple choice between employee and volunteer.
“The evidence of the different witnesses over the past two weeks makes it clear that human rights issues such as the prohibitions against slavery and forced labour are squarely before this court. Those issues assume particular importance to the extent they relate to children,” he said.
Kirkness said the evidence raised serious concerns about the after-school work which appeared to be forced child labour.
“In the light of the evidence given, the court could and should refer the matter to the appropriate entity for further investigation,” he said.
”Such a step is appropriate in the light of the court's jurisdiction to make such orders as it thinks fit in equity and good conscience, and in light of New Zealand's international obligations.”
He found the former members had a contractual working relationship with the community from the age of 15 when they became associate partners of the community’s Christian Partners Partnership – which provides labour to the community-owned businesses.
He said the court had jurisdiction under the Employment Relations Act to order any employment remedies, or if the judge found the contracts to be unlawful she could make orders under the Contract and Commercial Law Act.
He said from 15, they worked fulltime, and often more, in warehouse or factory facilities to manufacture products that were sold for profit. In return, they received the necessities of life, including food, clothing and shelter.
He said there was no evidence the three men as able-bodied young men had any choice about work, therefore the contract was unlawful.
Slavery is when someone actually owns you like a piece of property. Servitude is similar to slavery - you might live on the person's premises, work for them and be unable to leave, but they don't own you. Forced labour means you are forced to do work that you have not agreed to, under the threat of punishment.
He said there were two factors at play in Gloriavale which amounted to slavery.
One was their lack of control over the hours they worked, and the other the fact all profits went back to the community.
He said the transcript of the servants and shepherds meeting showed how much control the leaders had.
He said the workers were penalised by being forced to leave and cut off from their family if they did not work – something that amounted to forced labour.
“There is nothing in the evidence to suggest that an able-bodied 15-year-old was able to refuse to work and remain in Gloriavale,” he said.
However, he said “the situation does not rise to the level of slavery” because at 15 they had sufficient autonomy and maturity that the control exerted still did not amount to possession.
Ezra Hope, who was born in Gloriavale but not part of the court case, said the people at Gloriavale were slaves who lived in misery.
“Coercive control really is hard to grasp if you've never experienced it….Being born into the community puts you at a significant disadvantage. You can only choose to leave, but by the time you're of the age you are so conditioned it's near impossible,” he said.
He said the leaders gave him no choice where to work and refused his request to work with computers.
“From the age of 6 I was forced to work. What 6-year-old wants to work when there's no choice? I hated it. Playing? What is that?,” he said.
“I remember many, many afternoons without adequate warm clothing in the freezing, wet winter counting bolts, picking moss, rock picking, milking cows and plenty more ‘chores’. Sometimes getting up at 2am to get the cows in. There was no choice, do it or there would be consequences,” he said.
He had memories of being hit with a belt, pipe, wood and a willow cane. He was forced to go without food for three days aged 8 for taking some apples.
“I never wanted to run boilers or paint anything. I actually always wanted to be a movie director,” he said.
“No-one ever asked what I wanted to be growing up.”