Gloriavale payments ‘challenging’
| Greymouth Star |
The Employment Court says working out how much money Gloriavale leavers are owed may be challenging.
The court recently ruled that Hosea Courage, Daniel Pilgrim, and Levi Courage were actually employees, clearing the way for them to pursue claims in the Employment Relations Authority for compensation, lost wages, penalties and the like.
They are asking for: Minimum wage arrears, annual leave arrears, payment for outstanding public holidays and alternate holidays, compensation for “humiliation, loss of dignity and injury to feelings”, and interest on wage arrears claimed.
The ERA recently received an application for removal of the case.
The latest ERA decision says: “Determining the quantum of, for example, wage arrears, may prove challenging but frequently the authority deals with such matters”.
“The difficulty that arises in this case is not so much legal or even one of quantum — it is evidential, in that there is a lack of record keeping with no wages and time records or holiday and leave records to assess.
“The investigatory mandate of the authority means it is uniquely placed to resolve this type of dispute using its experience in dealing with evidence and the relevant guidance from the Act and the Holidays Act 2003, where no wages and time records or holiday and leave records have been kept.”
The court accepted there was specific complexity as some were employed before school, and at age 15, a transitional year.
“I have found that no grounds exist for removing this matter of determining potential remedies to the Employment Court. The application for removal is declined.”
The same ruling was made for the case involving Serenity Pilgrim, Anna Courage, Crystal Loyal, Pearl Valor and Virginia Courage.
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Meanwhile, Gloriavale has applied for recognition as an “accredited employer” which would allow it to bring in foreign workers, Newshub reports.
Official information obtained by Newshub shows Education Ministry officials raised concerns about the “fragile staffing situation” at Gloriavale School in May last year.
A Public Service Commission worker noted there was a “possibility of teachers coming to the West Coast site from India”.
Gloriavale did not respond to Newshub’s questions about its immigration application, or if it still wanted to bring in teachers from India.
But in a recent media statement, a spokesman said the community was facing challenges like other parts of society — including labour shortages.
David Fisher, an immigration law specialist and founder of Immigration Chambers, told Newshub it will be a tough ask.
“If Gloriavale, as I understand, the overall institution and organisation came to me for advice as to whether they would be eligible for accreditation, I would be saying, ‘Don’t bother,’” Mr Fisher said.
Immigration New Zealand’s deputy chief operating officer Jeannie Melville said the department has received an application for accreditation from Gloriavale, which “we are currently following due process to assess”.