E. Wayne Benedict

Disability-Based Discrimination in Canadian Employment and the Defence of Justification (Accommodation), 2014 (Rev 1)

This paper examines the statutory law of human rights in Canada in the context of discrimination in the area of employment based on the prohibited ground of disability. Part II of the paper discusses what human rights-based…more

Individual vs. Collective Employment: Substantive and Procedural Differences and Similarities

The law applicable to individual contracts of service (employment law) is fundamentally different from the law applicable to collective agreements (labour law). This is largely due to differences in kind between the nature of…more

Restrictive Covenants in Employment Contracts: Enforceability of Non-Competition, Non-Solicitation, Confidentiality & Fiduciary Obligations (Rev 1)

This paper discusses how employees owe their employers certain obligations or duties while the employment contract remains extant; and although some of those obligations or duties may continue to be owed by a former employee to…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law

Special Chambers Judicial Review Applications in Alberta, 2012 (Rev 3)

When legal counsel is considering an administrative action or decision in relation to whether judicial review may be available to challenge the action or decision, counsel must: understand the concept of judicial review;…more
| Administrative Law, Civil Procedure, Labor & Employment Law

Arbitral Collective Agreement Interpretation: The Modern Approach (Rev 4)

This paper discusses the “modern contextual approach” to collective agreement interpretation; namely, “In the interpretation of collective agreements, their words must be read in their entire context, in their grammatical and…more
| Administrative Law, Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law

Social Media in Labour and Employment: Privacy, Human Rights, and the Formation, Management and Termination of the Employment Relationship (Rev 4)

From a legal perspective, social media is a relatively new phenomenon, but its implications for employers, employees, trade unions, and their advocates are proving to be marked in all aspects of employment and labour…more
| Civil Rights, Insurance, Labor & Employment Law, Privacy, Worker’s Compensation

Freedom of Association and the Procedural Right to Collectively Bargain: From Health Services to Fraser

In 1987 the Supreme Court of Canada released three decisions concurrently that collectively became known as the “Labour Trilogy”, which generally stood for the proposition that the Charter s. 2(d) freedom of…more
| Constitutional Law, Labor & Employment Law

The Duty to Accommodate in the Labour/Employment Context: Western Canada 2009 (Rev 6)

This paper examines the law pertaining to the duty to accommodate as it has developed in Canada’s four western provinces to December 2009. In order to understand the duty to accommodate, one must understand where it is…more
| Civil Rights, Constitutional Law, Labor & Employment Law

Evans Revisited: The Potential for Mischief Where Constructive Dismissal Meets the Duty to Mitigate Damages with the Dismissing Employer

In early 2008 the Supreme Court of Canada released its judgment in Evans SCC, a case of wrongful dismissal. In the 6-1 decision, the majority held that Mr. Evans had failed to mitigate his damages by rejecting an offer of…more
| Labor & Employment Law

The Effect of Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia on the Labour Trilogy, PIPSC v. Northwest Territories (Commissioner) & Its Potential Effect ...

In 1987 the Supreme Court of Canada released three decisions concurrently that collectively became known as “The Labour Trilogy”. Part II of this paper will refresh the reader’s mind regarding the legal…more
| Constitutional Law, Labor & Employment Law

Canada's Railway Safety Regulatory Regime

When accidents happen on the railway catastrophe usually follows for individuals, the public, property, and the environment. The extreme weights involved in moving railway equipment give no quarter to anything unfortunate enough…more
| Labor & Employment Law, Transportation

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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Civil Rights
  • Constitutional Law
  • Education
  • Labor & Employment Law
  • Privacy
  • Transportation
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