Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Constructive Dismissal and the Corresponding Duty to Mitigate Damages.” In a recent case, the Ontario Superior Court found an employee failed to mitigate damages when he refused a return-to-work offer from his employer, with whom he had a good working relationship. This case serves as an important…

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “A Summary of Ontario’s Changing Employment and Labour Legislation.” In this article, Thomas summarizes the key ways Bill 47 is changing the previous amendments under Bill 148.

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Employer Obligations Around Medical Pot, Benefits Plans.” In a case from February 2017, the Nova Scotia Court of Appeal confirmed that an administrator of a benefits plan can choose what specific drugs and medications will be covered by a plan. In particular, it held that the exclusion of medical cannabis…

Hicks Morley’s Thomas Agnew was interviewed by PrecedentJD  in a July 4, 2018 article featured in their “Meet the Expert” section, titled, “Meet Labour and Employment Lawyers Thomas Agnew.” Thomas provides his responses to a series of questions regarding how he prepares for a case, what it’s like to argue a case, and the traits that he believes make a good labour and employment lawyer.

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Court Confirms Employer’s Right to Change Job Conditions.” In a recent decision, the Ontario Superior Court of Justice found that an employer didn’t constructively dismiss a long-service employee when it provided the individual with 18 months of working notice prior to asking her to enter into a new employment contract that included changes to vacation pay and a signing bonus…

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Court Decision Warns Employers About Financial Liability in Mass Terminations.” Employers should proceed carefully when it comes to mass terminations. A recent court decision in Ontario found the employer’s failure to comply with the Employment Standards Act’s technical posting requirement for mass terminations meant that the notice of termination given prior to the date of the posting was void, exposing the company to potentially significant liability for that period.

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Employers Given Mixed Messages on Termination in Employment Contracts.” Employment contracts often contain clauses limiting an employee’s entitlement upon termination to the minimum entitlements under the Employment Standards Act or any other amount the employer and employee have agreed to. However, if the clauses violate the act in any way, courts may not enforce them.

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Court affirms employer right to provide truthful, candid reference for former employee.” The article discusses how employers are not liable defamation when it provided a truthful – but negative – reference about a former employee…

An article by Hicks Morley’s Michelle Alton and Thomas Agnew was published in the Summer 2013 edition of ECHO, an Ontario Municipal Human Resources Association Newsletter. In the article entitled, “Drug and alcohol testing: How far can an employer go?”, Michelle and Thomas discuss the implications of the decision in Irving Pulp & Paper.  They advise the…

An article by Hicks Morley’s Thomas Agnew was published in the Labour and Employment Law section of the OBA’s June 2011 newsletter. In an article entitled, “Expanding the Definition of Employment Under Health and Safety Legislation” Thomas discusses the Ontario Court of Appeal’s recent decision to encompass independent contractors within the definition of “employment” under…

Hicks Morley is pleased to announce the hiring of seven new associates. Working out of the firm’s Toronto office are Thomas Agnew, Joseph Cohen-Lyons, Hilary Jarvis, Erin Miller, and Richelle Pollard. Working out of the firm’s Ottawa office is Cheryl Waram and working out of the firm’s Waterloo office is Mike Hamilton.