Gloriavale leaders claim they did not get a fair hearing in the Employment Court case that found women in the community are employees, not volunteers.
The leaders have gone to the Appeal Court to ask for leave to appeal the Employment Court’s decision to recognise former Gloriavale women as employees and not as volunteers.
The decision meant the women had rights under employment law, including minimum working conditions and pay.
The leaders did not appeal a similar finding in an earlier case brought by three former Gloriavale men who were found to be employees when they worked in the community’s commercial businesses from the age of 6.
The leaders’ application claims the Employment Court misdirected itself on the meaning of employee.
It also claims the court conducted the trial in a manner that breached natural justice, with the judge “failing to recuse herself, in circumstances that gave rise to a risk of apparent bias” and admitting evidence that was prejudicial and irrelevant.
It said the Court of Appeal should grant leave to appeal because the judgment was likely to affect the rights and interests of many other community members who lived and worked in similar circumstances, including other communal and religious groups.
The leaders said the Labour Inspectorate investigated the community twice and concluded members were not employees.
They noted most employment matters were heard by the Employment Relations Authority, before going to the Employment Court.
The women’s...
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