The employer was a reconditioning centre that cleaned the interior and exterior of vehicles for leasing companies. Tom, aged 18, a recently hired cleaning employee, did not have a driver's licence, and the employer made it clearboth verbally and through its safety policythat employees without a licence were not allowed to drive any of the vehicles. Despite these warnings, Tom drove a car into the wash bay, where he collided with another vehicle. This set off a chain of events, which ultimately resulted in another employee breaking two arms. The employer was charged and convicted for failing to provide information, instruction, or supervision to a worker in the safe operation and parking of vehicles. It received a $50,000 fine, plus a 25 percent victim surcharge. The employer appealed the conviction.

What do you think the employer's argument would be? What do you think a court would decide? Support your answer.