The applicant alleged discrimination on the basis of disability after she was removed from her position as Director of Care following a workplace injury and subsequent modified work hours.
The respondents maintained that the removal was due to legitimate performance concerns and the applicant's refusal to accept or address those concerns.
The Tribunal found that the performance appraisals raised credible leadership and accountability issues unrelated to the applicant's disability.
The Tribunal concluded that the decision to remove the applicant was not a pretext for discrimination, and dismissed the application.