Thomas Agnew is a partner at Hicks Morley, advising public and private sector employers on a wide range of human resources issues.
These are the views of the author and not necessarily those of Benefits Canada.
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. In the case, Gent v. Strone Inc., the plaintiff, David Gent, had been employed for 23 years by Strone Inc., first as a carpenter and then […]
Many of the changes that were introduced to Ontario’s Employment Standards Act in January 2018 were short-lived, as the province’s new government elected in June last year is rolling out its own amendments. With the new changes taking effect on Jan. 1, 2019, here’s a summary of the key ways Bill 47 is changing the previous […]
With the legalization of recreational cannabis on Oct. 17, 2018, employers have been preparing to answer questions about whether their current benefits plans should provide reimbursement for cannabis products for medical purposes. Access to cannabis for medical purposes isn’t new. However, with all the attention on cannabis due to the legalization of recreational cannabis, employers […]
In a recent decision, the Ontario Superior Court of Justice found an employer didn’t constructively dismiss a long-service employee when it provided her 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. In Lancia v. Park Dentistry, Michele Lancia worked […]
A recent court decision in Ontario serves as a reminder to employers to tread carefully when it comes to mass terminations. In the recent decision, Wood v. CTS of Canada Co., the Mississauga, Ont.-based employer was permanently closing a facility and provided a lengthy working notice of termination to 77 affected employees. However, the Ontario Superior Court […]
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 and the employee will then be entitled to common […]
The Ontario Superior Court of Justice recently found an employer wasn’t liable for defamation when it provided a truthful — but negative — reference about a former employee. In Papp v. Stokes, the plaintiff, Adam Papp, worked as a staff economist for the defendant, Stokes Economic Consulting Inc. In 2013, the president of the company, […]