Boy who lost three fingers working at a Gloriavale honey company drops case after facing 'undue pressure'
Thursday, 21 April 2022
A boy who lost three fingers while working at a Gloriavale honey company has dropped his Employment Court case.
The 17-year-old has been granted permanent name suppression by Employment Court chief judge Christina Inglis.
The case included allegations he lost three fingers while working at an unsafe bee box factory at the Gloriavale Christian Community on the West Coast.
It was dropped before a hearing could take place. It is unclear why the boy decided not to proceed, but the judge heard allegations about “undue pressure” being put on him.
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A subsequent claim by three leavers went before a hearing in March. Chief Judge Inglis 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 boy’s statement of claim says the case was brought against the Attorney General because the labour inspectorate decided the residents of Gloriavale were not employees after complaints were raised in 2021.
He brought the case against the Attorney General on behalf of the Ministry of Business, Innovation and Employment, Labour Inspectorate, Gloriavale leaders Howard Temple, Fervent Stedfast, Enoch Upright, Samuel Valor, Faithful Pilgrim, Noah Hopeful and Stephen Standfast and Gloriavale companies Forest Gold Honey and Harvest Honey Ltd.
It says the leaders, known as shepherds, had absolute power of the boy to decide where he worked, what education he received, who he would marry and what food he ate.
It said the boy knew no other way of life and was taught to believe he would be damned for eternity if he did not obey the shepherds. It claimed he was employed by the shepherds in return for the necessities of life.
It claimed the boy was instructed to work at industrial sites at Gloriavale and when he was 14 he began working at the bee box manufacturing plant.
In 2019, he was cleaning wax off a moving chain at the bee box factory when his fingers were caught in the chain and he lost part of three fingers on his right hand.
It claimed the bee box factory was an unsafe work site.
The boy did not have access to money, was isolated, had no means of transport to leave or seek help.
It said the inaction of the government officials caused him to live a life of servitude and be denied the rights as an employee, resulting in humiliation, loss of dignity, stress, mental deprivation and general harm to his wellbeing.
He sought a declaration that he was an employee, he was living in servitude and the labour inspectorate had the power to investigate and take action. He also sought damages and costs.
It said the boy was now 17 and had left Gloriavale in 2020 and was given $1000 by the shepherds. His family remains in the community.
In an October 2021 interlocutory judgement Judge Inglis said matters were brought to her attention that caused her to pause the proceedings.
She made an order for the appointment of a litigation guardian for the boy because of his age.
She said there were “complaints from both quarters that undue pressure is and has been placed on him”.
Although the boy was close to 18, it was entirely appropriate, if not necessary, for a litigation guardian to be appointed to provide independent, objective support and assistance.
“There have been serious inferences made by both sides about the pressures being placed on [the boy]. [His laywer] Mr Henry has said that pressure is being placed on [him] by his family, who still reside in Gloriavale, to discontinue the litigation,” she said.
Gloriavale leaders filed an affirmation by the boy’s mother alleging he was being manipulated or pressured into bringing and continuing with the claim.
The hearing had been set down for four days in November 2021, however court documents were only released on Thursday.