E. Wayne Benedict

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

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

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

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

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

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

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

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

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