Navigating the legal intersection

Employment issues involving migrants on temporary visas can involve complex strategic questions, overlapping statutes and potential civil and criminal liability.  To be able to give correct advice, it is then crucial for practitioners to have a comprehensive understanding of the challenges arising from hiring migrant workers, ensuring compliance with both employment and immigration requirements, and dealing with claims if and when they do arise. 

Through various case scenarios and insights from experienced professionals practising in both areas of the law, including a former ERA member and a specialist from within the Labour Inspectorate, attendees will gain a deeper understanding of the implications, responsibilities and best practices so they can provide practical advice and guidance to clients on managing employment and immigration issues effectively, navigate the challenges, mitigate risks and ensure compliance, including with the  Worker Protection (Migrant and Other Employees) Bill coming into effect on January 6, 2024. 

Learning Outcomes

• Learn about common issues, red flags, potential conflicts of interest and pitfalls to avoid when advising on the immigration and employment status of foreign workers to maintain compliance with both immigration and employment standards. 
• Explore, through case scenarios, a wide range of practical situations which will make you gain a deeper understanding of the obligations and actions required in various employment situations involving migrant workers, such as recruitment, varying employment conditions, termination and allegations of exploitation. 
• Gain expertise to better assist (i) migrant employees to deal with the particular legal challenges they face in the event of job loss, underpayment or denial of legal entitlements and (ii) employers of migrant workers to respond to employment claims and allegations of exploitation. 
• Gain insight into the specific challenges faced by industries employing a large number of migrant workers, such as hospitality, construction and franchises. 
• Gain a greater awareness on the potential consequences of visa breaches for employers, including potential personal liabilities faced by directors.  
• Become alert of situations where it is necessary to refer a migrant worker or an employer out to specialised employment or immigration legal counsel and receive useful practical guidance on how to ensure efficient collaboration between employment lawyers and immigration lawyers/ advisors for comprehensive solutions. 

Presenter Details

David Fleming, Barrister 

Melissa MacRury, Principal Labour Inspector in the Migrant Exploitation team 

Heather Collins, Associate, Pitt & Moore 

Chair: Jenni-Maree Trotman, Barrister and former Member of the Employment Relations Authority