Mauro Barsi, Head of Legal Consultancy and Corporate Counsel at EMA, will talk about recent cases and important changes in employment law
Employment law in New Zealand is growing more complex, and getting the details right is more important than ever, according to Mauro Barsi, Head of Legal Consultancy and Corporate Counsel at EMA (Employers and Manufacturers Association.)
Barsi will be sharing insights on key areas of employment law, including recent cases and areas where litigation is increasing, at the HRD National HR Summit New Zealand on 19 November 2025 at The Cloud, Auckland.
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Barsi said the session will be an opportunity for HR professionals to connect with others on the “frontline” and understand the standards that courts and authorities now require.
“The cost of getting things wrong … is really starting to move upwards in the New Zealand market. There's an increasing level of significance to making a mistake, and it's worth investing a bit more to avoid that,” he said.
Current issues
Barsi said one area of increased scrutiny HR leaders need to be aware of is around redeployment requirements as part of restructures or redundancy programs.
“There’s a really rising standard and higher set of expectations, I think, coming in that space, which is really interesting,” he said.
“The things that your average HR manager, business partner, practitioner would have done in the past probably won't get them across the line as much anymore.”
Another area is “triangular” employment relationships, where employers engage staff through a third party such as a labour hire company.
“We've noticed in the last six to 12 months, suddenly a lot more interest being taken in that piece of law and the oversight and the responsibilities and the details around it,” he said.
“So I think there's some really interesting things that we can talk to HR practitioners about in the space of what you need to do in that contract or in that process to ensure that you either are taking some of those responsibilities or you aren't, and you know exactly which side of the line you want to fall on and you make sure you do that.”
Barsi said issues around records of settlement are increasing, with more defaults or failures to follow through on the agreements.
“It's quite a complex and niche set of circumstances around dealing with the failure to complete a record of settlement and what you need to do and how you go about the process of seeking some redress for that,” he said.
Key takeaways
Barsi believes one thing HR professionals can do to set themselves up to successfully manage employment law issues is to “get the documentation right” and ensure employment agreements are clear from the start.
“There are some tips which we can walk people through on the day around what sort of terms and conditions and clauses you want in those documents to make clear it's a this, not a that, you've got these powers, not those powers,” he said.
Barsi would like HR leaders to come away from the session with a “sense of clarity around what the expectations are to be on the right side of the line”.
“So, wherever you want to be in terms of the spot you want to pick for your employment relationships or the nature and shape and structure of your organisation, you can make all of those decisions, but let's be really clear about how you make sure that decision is lawful and it's going to stand up the whole way through,” he said.
And then there is knowing when “Spidey senses should start tingling” and it's time to seek advice or get a second opinion.
“I think in some places the line that people used to have maybe a couple of years ago here in New Zealand has shifted. We've moved our Spidey senses line around, and I think we probably need a bit of a recalibration in that space.”
Meet the speakers for the National HR Summit New Zealand
This year’s agenda will feature a keynote address, "Redefining productivity – leading with AI and human focus," by Susan Lowe, Chief People and Organisational Performance Officer at Alpine Energy.
A panel discussion on "EVP in 2025 – crafting an employer brand that attracts and retains top talent" will bring together Christine van Hoffen, Head of People at Tracksuit, Heather Douglas, Group Talent Acquisition Manager at Beca, and Kate James, Director Human Resources - NZ, Pacific, PNG at Coca-Cola Amatil NZ.
