January 2024 – Who will ensure the plaintiffs get paid?
The two parties tried mediation late 2023, but it failed. So the next step was for the plaintiffs to file their wage arrear claims with the Employment Relations Authority (ERA). Their job is to settle employment related disputes. The plaintiffs filed in January 2024, but they also then immediately asked for it to be removed back to the Employment Court to complete the process. Click here for more details. The lawyers argued it was a complex case and it would speed up the process for the same judge to work it out based on the evidence accepted in court. No, poor or untrue record-keeping is problematic for this case.
But this attempt failed, with the ERA saying they were the best placed agency to deal with the issues the ERA commented,
“In his decision, ERA member David Beck said the authority had dealt with similar matters where there were no records kept, and that there was no urgency in this case because it had taken a long time to get to this point”
Click here for more details.
August 2024 – Who will hear the “Time Bar” argument and who will decide how much they get paid?
On 25 July 2024 Judge Christina Inglis heard the plaintiffs (applicants) and defendants (respondents) arguments for or against the Employment Court finishing off the cases to ensure the Boys and Girls way is paved for payments of lost wages, instead of keeping it with the Employment Relations Authority. The leavers’ lawyers arguments were based on the desire to safeguard the plaintiffs from having to give further evidence about their work life at Gloriavale. They also highlighted the difficulties with producing time-sheets, and they argued that the ERA was not going to be capable of determining the time bar issue. (Gloriavale had indicated they would be seeking the courts assistance to set in stone as 6 year time restriction for backpay, while the plaintiffs maintain the exceptional circumstances of their work and life in Gloriavale meant there should be no restrictions on back pay.)
On 7 August 2024 the judge ruled that both the time bar issue and the remuneration issue be completed in the Employment Court and removed from the ERA.
Read the Judgment here
November 2024 – Gloriavale ordered to pay legal costs
27 November 2024 Judge Christina Inglis awards $274,427.75 + GST + Disbursements and Expenses be paid by Gloriavale to the plaintiffs for legal costs. (This is a fraction of the real costs of the legal expenses, had the lawyers been charging a fair fee). It is understood that Gloriavale’s legal fees to defend the case were more than $1 million.
Read the Judgment here
March 2026 – Judicial Review to Quash the 2017 & 2021 Labour Inspectorate Reports
March 16 – 18th in the Christchurch Employment Court, Judge Christina Inglis heard from the leavers’ lawyer as to why the MBIE reports should be quashed. Leavers say the reports were inadequate and amounted to an error of law. The Crown argued that MBIE did a thorough investigation. You can read the court notes in the Daily Vale blog posts Part 1, Part 2 and Part 3.
The Timeline