Workplace Violence & Employer Liability: What Recent Cases Teach Us

Workplace violence is not just about physical harm; it also encompasses verbal threats, intimidation, and psychological abuse. Employers have a duty under the Occupational Health and Safety Act (OHSA) to protect employees from all forms of workplace violence. However, recent legal cases have shown that failing to prevent or address workplace violence can lead to costly legal consequences.

Case Study: O’Brien v. United Parcel Service of Canada (2021)

In a notable case, O'Brien v. United Parcel Service of Canada, the employer was found liable for failing to address repeated threats and harassment between employees. The Ontario Court ruled that the company had not taken adequate steps to investigate the complaints and protect the complainant from further harm.

Key Lessons for Employers & Investigators:

• Risk Assessment: Employers must assess potential risks of workplace violence and implement preventive measures.

• Clear Policies: Establishing clear policies regarding workplace conduct and violence prevention is crucial for managing and preventing incidents.

• Prompt Action: Employers must respond swiftly to complaints and investigate thoroughly to prevent escalation and avoid liability.

This case reinforces the critical importance of workplace safety and the need for employers to take proactive steps to safeguard their employees.