Workplace Violence Enforcement: Lessons from a $55,000 Conviction
- 5 min read
- December 23, 2025
A recent ruling in London, Ontario highlights the critical legal requirement to provide workers with an immediate means of summoning assistance.
On December 1, 2025, the Ministry of Labour, Immigration, Training and Skills Development confirmed a significant conviction against a Vancouver-based restaurant chain operating in London, Ontario. The company was fined $55,000 after a worker was injured during a violent interaction with a patron.
The details of the case reveal systemic safety gaps. A worker acting as a host was instructed by a manager to ask a customer to leave. The interaction escalated, and the worker was struck by the patron and a companion. The investigation revealed that the worker had to report the incident to their floor manager via a social media messaging application.
Ministry inspectors found that the workplace lacked security guards and radios to facilitate communication. Furthermore, the employer had not completed a risk assessment, despite a history of violent incidents at the location in the previous year.
Why This Matters to Employers
Violence of any type cannot and should not be tolerated in any workplace. Employers have both a legal and moral obligation to protect workers from harm, whether the risk comes from customers, clients, members of the public, or internal sources.
This ruling reinforces a critical reality for Ontario business leaders. Having a policy document is not enough to satisfy the Occupational Health and Safety Act. The Ministry and the courts look for evidence of a functioning program that protects workers in real-time.
The fine of $55,000, plus a 25 percent victim fine surcharge, illustrates that administrative failures are viewed as serious offenses. The court treated the lack of a risk assessment and proper communication tools as direct contributors to the worker’s injury.
What the Law Requires
Under Section 32.0.2 of the Occupational Health and Safety Act, employers must develop and maintain a program to implement their workplace violence policy. This is not optional.
A specific and often overlooked requirement of this section is the provision for summoning immediate assistance. Section 32.0.2(2) explicitly mandates that your program include measures and procedures for workers to call for help when workplace violence occurs or is likely to occur.
In this case, the Ministry found that the employer failed to provide adequate procedures or equipment. Relying on a worker to message a manager on a social media app was insufficient. The absence of immediate communication tools, such as radios, created a dangerous gap in the safety system.
Common Gaps Employers Overlook
Many organizations believe they are compliant because they have posted a “Zero Tolerance” policy. This conviction highlights three specific operational gaps that often lead to liability:
- Missing Risk Assessments: You cannot control hazards you have not identified. The company in this case had experienced prior violence but failed to conduct the required assessment.
- Inadequate Communication Tools: In high-risk environments, such as hospitality or retail, employers must provide reliable technology for summoning help. Personal cell phones or social media apps are rarely fast or reliable enough during a physical struggle.
- Failure to Reassess: When an incident occurs, the risk assessment must be reviewed. Ignoring a pattern of violence is a direct violation of due diligence.
Practical Steps for Compliance
Employers should view this conviction as a prompt to audit their own systems. Review your violence and harassment program against these practical questions:
- Has a specific risk assessment been conducted within the last 12 months? If you have had near-misses or incidents, or if your operations have changed, you must update your assessment.
- How do your staff call for help? If the answer relies on them finding a manager on foot or unlocking a personal phone to send a text, your system may be non-compliant. Consider radios, panic buttons, or wearable safety devices.
- Is the training specific? General training is insufficient. Workers need to know exactly how to de-escalate specific situations they face and exactly how to trigger the emergency response protocol.
Moving Forward
Regulatory enforcement is shifting toward the practical application of safety laws. The Ministry expects employers to anticipate risks inherent to their specific industry and location. By ensuring your risk assessments are current and your means of summoning assistance are functional, you protect your people and your organization from significant liability.
Ready to take the next step?
