Discrimination allegations cite disability, ethnic background, and religion as factors

A registered perfusionist was suspended without pay just one month after returning from an 18-month disability leave, and claimed he was constructively dismissed. In a March 10, 2026, decision, Associate Justice Rappos of the Ontario Superior Court allowed the worker to expand his lawsuit against University Health Network (UHN), ruling that most of his proposed additions were permitted. The case raises pointed questions about what happens when performance concerns collide with a return from disability leave and allegations of discrimination based on disability, ethnicity and religion.

Nusrat Saleem worked as a registered perfusionist at UHN. He was off work from January 7, 2019, due to a disability, during which he received disability benefits. He returned to work on or around July 7, 2020.

During his absence, UHN acquired a new heart and lung machine. Concerns arose about Saleem's work during training on the equipment, and meetings were held with him on August 7 and August 10, 2020. On August 7, about one month after his return, UHN suspended his employment without pay.

His medical leave resumed but became unpaid after the long-term disability benefits provider terminated his benefits for non-compliance with the recommended treatment program. The employer's account also referenced a request for an independent medical assessment and a rehab program recommended by the provider, both of...

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