The applicant, a former restaurant employee, alleged discrimination and reprisal after she suffered a workplace back injury.
She claimed the respondent failed to accommodate her physical restrictions in 2009 and later terminated her employment in 2011 as a reprisal for filing a human rights application.
The Tribunal dismissed the application, finding that the applicant's severe physical restrictions rendered her incapable of performing the essential duties of her job even with accommodation.
The Tribunal further held that the termination was due to frustration of contract after a two-and-a-half-year absence, not reprisal, and that the delay in filing an LTD form was an administrative error without retaliatory intent.
