Crossroads of Immigration and Employment

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. 

  • 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. 


Presenters

David Fleming
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David is a barrister who has specialised in employment law for over 20 years.  His practice Fleming Singleton Law regularly acts for both migrant workers and for employers of migrants, often on referral from NGOs or other representatives.  David has been involved in numerous cases involving allegations of migrant exploitation, premiums for employment, false employment agreements being submitted for immigration purposes, labour inspector investigations, and dismissal of workers whose immigration status depends on their employment.   He takes a practical, problem-solving approach, and in this webinar, he will be sharing his insights on what practitioners, who are not employment specialists but may be called upon to advise in these areas, need to know.  

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Melissa MacRury
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Melissa MacRury, Principal Labour Inspector

Melissa joined the Labour Inspectorate in 2006 and has held the position of Principal Labour Inspector since 2015. In 2021, she joined the newly created Migrant Exploitation Team.

Overall, Melissa has worked for the Ministry of Business, Innovation and Employment for nearly 30 years. She began her career with Immigration New Zealand in 1994 as an Immigration Officer, serving in both the Hamilton and London offices.  

Her extensive experience includes investigating and prosecuting New Zealand’s most serious exploitation cases in the Employment Relations Authority and the Employment Court. She is also well-versed in handling freezing orders, charging orders, liquidation and bankruptcy resulting from exploitation cases.    


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Heather Collins
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Heather Collins, Associate, Pitt & Moore Lawyers & Notaries Public

Heather specialises exclusively in immigration and employment law and assists individuals and corporate clients on a broad range of immigration and employment matters.  She regularly advises clients on the crossover of these two areas of law and has previously presented to Lawyers and Immigration Advisers on this topic.  

In the immigration sphere, Heather has over 9 years’ experience advising on various visa categories and assists with their complexities including character and medical waiver requests, responding to concerns regarding potentially prejudicial information, section 61 requests, Ministerial intervention requests, and appeals to the Immigration and Protection Tribunal.  

Heather also has 14 years’ experience assisting employees and employers from a range of sectors on a variety of employment matters.  She is experienced in raising and defending personal grievances, and assisting with disciplinary and performance issues, restructuring, redundancy, health and safety, mediation and matters proceeding to the Employment Relations Authority. 

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Chair

Jenni-Maree Trotman
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Jenni-Maree has been practicing law for 25 years, during which period she has represented businesses and individuals on a wide range of employment, civil and commercial matters, property disputes, estate litigation, insolvency and bankruptcy, and construction disputes.

Jenni-Maree was a Member of the Employment Relations Authority from March 2017 until her return to the bar in September 2020.  During her tenure she investigated employment disputes, issued determinations, and assisted parties to resolve their issues using facilitation.

Following her return to private practice, Jenni-Maree has continued to provide civil, commercial and employment advocacy, as well as undertaking mediations and workplace investigations.  

Jenni-Maree is accredited as an Associate Member of the Arbitrators and Mediators Institute of New Zealand, she is a Mediator on the Land Resolution Services Panel, and she is an Authorised Farm Debt Mediator under s 46 of the Farm Debt Mediation Act 2019.


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Details

Pricing Details

Ticket Price

Member: $140.00 GST

Non-Member: $195.00 GST

Registration

Registration Close Date

15/11/2023
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