In Nader v. University Health Network, 2022 ONSC 447, Nader brought a summary judgment application for damages related to his termination of employment. The key issue was the effect of a secondment for 2 years, and whether it altered, replaced, or was supplementary to an original employment agreement executed by the parties.

For reference, a secondment is a temporary assignment or move of an employee from one organization to another for a specified period, usually to carry out a particular project. A secondment can also be a transfer within the same organization or in some instances, between two unrelated business entities. Nader argued that the secondment was a fixed term employment agreement. The court determined that the secondment was not an employment agreement, but was “something other, and in its own category” and dismissed the action.

The Facts

Nader was a senior executive with the University Health Network (“UHN”) in Ontario. Nader started this role in September 2016. Nader’s employment agreement with UHN (the “Agreement”) provided the following:

• annual $5,000 health care spending account;
• participation in UHN’s benefit plan;
• eligibility for an annual performance bonus to up 25% of Nader’s base salary; and
• in the event of a “without cause” termination, Nader would be paid an amount equal to 12 month’s salary.

In June 2019, Ontario Health expressed an interest to both Nader and UHN in having Nader fill the role of Interim Chief Transformation Officer for Ontario’...

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