UPDATE: There was a cabinet shuffle on June 14, 2023. Paul Pike is now Minister of Children, Seniors and Social Development. As of today, June 26, 2023, we are changing the petition and letter template to reflect this change.

This is Heather Blanchard, a resident of Bell Island, Newfoundland and Labrador.

Heather, who has worked as the Janitor (2011-2013) and then Superintendent and Administrator (2013 to present) at the Bell Island Senior’s Complex is set to lose her job and employment income after twelve years.

Heather was informed by her employer, the Board of Directors of the Bell Island Community Development Housing Corporation (the Board), on a phone call on a Sunday night, that the janitorial side of her job which she has worked no less than twelve years, is “up for tender” for contractors to “bid” upon.

Heather has asked repeatedly why the position she has held for 12 years is suddenly being opened for bids, or why the employer has not considered hiring her as an employee, as was recommended by the Newfoundland and Labrador Housing Corporation in 2019.

The Board said in the same phone call that Sunday night that they will not be hiring Heather as an employee.

“I have no idea why my position is going up for tender after 12 years. The board won’t communicate with me.”, Heather told us, “I’m extremely upset and worried that I am likely to lose my income, but I’m even more worried about the tenants and what happens to them now.”

Heather did not place a bid on her long-held position in protest of the Board’s neglectful employment practices and a lack of care for the tenants.

Heather has dedicated more than a decade of her life to providing a safe and secure living environment for 17 vulnerable, low-income tenants at the Bell Island Senior’s Complex– which operates with financial assistance by Newfoundland and Labrador Housing Corporation (NLHC). She has worked through many Christmases, missed family birthdays and other milestones, and made herself available at all hours of the night when the seniors and their homecare workers required assistance– sometimes calling her before an ambulance.

Heather and the tenants at the Senior’s Complex are devastated that her job has been offered to the next bidder, and with it, her employment income, with no clarification from the employer as to why.

 

The Workers’ Action Network of Newfoundland and Labrador sees a number of issues with this:

1. Heather’s employer, the Board, has closely mirrored the behaviour of employers that misclassify their workers as contractors (instead of granting them their rightful status as employee)– and they have done so for at least the last twelve years.

When a business has employees, they need to abide by employment laws, keep adequate records, train employees… the list goes on. We’re seeing an increasing amount of businesses misclassifying their workers by providing them with the work of an employee, but compensating them or classifying them as a contractor to avoid the work or responsibility of providing proper pay and decent working conditions.

This means that not only has Heather lost out on 12 years of pay and protections which employees are generally entitled to under the Labour Standards Act (1990) such as paid public holiday pay/paid time off, or vacation pay, but she will not be able to apply for Employment Insurance if the Board lets her go.

This is not only a major concern for Heather, but for anyone who bids on the job as a contractor if their rightful classification is that of an employee.

2. Although Heather was initially referred to as Janitor in her contract ranging from 2011-2013 , her duties quickly expanded to that of Superintendent and Administrator as the Board’s Meeting Minutes reflect. Since at least 2013, Heather has had a responsibility to attend Board meetings to discuss safety concerns and bring forward any concerns from tenants. Suddenly, after the Board election in 2021, the Employer began referring to her as Janitor/Maintenance, and stopped taking her calls concerning the building and tenants’ concerns and questions when they needed answers and support. 

In 2020, the employer contacted Heather only sparingly, even during the height of the Covid-19 pandemic as she struggled to keep the tenants safe while the province worked to implement public health measures. The Board told Heather her attendance would not be required at meetings, and that if the Employer needed her, they would contact her. The Board shutting Heather out in this way has posed safety risks to the tenants and to Heather– which the NLHC should be aware of, and the Board must be held accountable for.

3. NLHC is well aware that Heather was being precariously misclassified as a contractor, and in 2019, suggested to the Board that they amend her employment status.

The Board failed to heed to this advice, and NLHC never did follow up with the Board to ensure that action had been taken for Heather to gain her rightful status as employee.

Julia Mullaley, CEO of NLHC writes the following of the Corporation:

“We believe that fairness, equity and respect guide our interactions with our clients and each other.”

There is nothing fair, equitable, or respectful about allowing a worker to be misclassified for over a decade, or avoiding accountability as a worker employed through their partner-managed housing projects has their employment income taken away through no fault of their own. 

 

The Workers’ Action Network has a mandate to provide a collective voice and organizing resource to workers in low-wage, precarious labour conditions. This is why we refuse to stand by and allow this employer to not recognize Heather’s rightful status as an employee, putting not just Heather at risk, but any future misclassified contractors who work for the Board, as well as the safety of the tenants.

We also stand firmly in opposition to Newfoundland and Labrador Housing Corporation’s lack of acknowledgment or accountability for Heather’s loss of income. Any person working for or governing the NLHC should understand quite well the impact losing one's income has on a person’s well-being and ability to afford the basics of life. This traumatic event has had a severe impact on Heather’s mental health, which she has required medical attention for over the last several weeks.

Working with Heather, we emailed a letter to Minister Pike, Minister of the Department of Children, Seniors and Social Development directly about this issue, requesting a meeting to get this urgent employment issue resolved. We copied NLHC and the Board of Directors of the Bell Island Community Development Housing Corporation to this email, demanding the bid for tender be taken down and Heather not lose her employment. Days later, we received a call from NLHC Executive Director Joe Mercer, who expressed concern about the issue and promised to call us back later that day, but we did not hear from him again. That afternoon, the CEO of NLHC finally wrote us a response letter and diverted responsibility onto the employer, the Board of Directors of the Bell Island Community Development Housing Corporation.

So, we wrote yet another letter directly to the Bell Island Community Development Housing Corporation, demanding the bid for tender be taken down and Heather not lose her employment. We copied NLHC again, and Conception Bay East-Bell Island MHA David Brazil to this email.

We also sent a letter to David Brazil directly and requested to meet with him alongside Heather to discuss this significant employment issue in his voting district. His office called several days later to inform us that he was not in the office, but that they would try to get a hold of him to reach out.

We have not heard from the Employer, or MHA David Brazil. 

The tenants at the Senior’s Complex have built trusting relationships with Heather– and she’s the one they want for the job. The tenants even co-signed a letter of reference, which was submitted to the Board for their viewing.

It’s not just the tenants, either. Heather’s dedication to her work has been commended and appreciated by the tenant’s families, support workers, public service providers like paramedics, and other contractors who have worked with her throughout the years. When the tenants, their families, and service providers heard that Heather might be at risk for losing her job, they wrote in positive reviews and references, which have been brought forward to Heather’s employer, the Board.

 

We got permission from the authors to share the following references:

“She (Heather) is a kind and compassionate person who cares deeply for people. Her genuine concern for another ensures her unwavering judgment when decisions have to be made regarding what is best for the person in her care. I have witnessed her look after a dear friend of mine. Heather treated her with commendable concern, care and compassion. I would recommend Heather Blanchard for any position that requires an exemplary work ethic and genuine regard for those in her care. A company that requires this type of employee would be very fortunate to have this lady as a part of their team.” - Teresita, Community Member

“As a relative (my Dad resides there) I visit the complex 2-3 times daily, 7 days a week. It is this observance that allows me to make my thoughts known in support of Heather's current position. I have observed numerous times the hard work and dedication to the Seniors. First the physical side of the job, the Complex cleanliness is second to none, floors windows, isleways, all public areas spotless. This was really apparent during the height of Covid, when our Seniors were most vulnerable, Heather adjusted her schedules and routine to match the ever changing requirements to ensure our Seniors were protected according to Provincial Health Guidelines.” – Lynn, family member of Tenant 

 

The urgency of this situation cannot be stressed enough. Heather might lose her employment income on July 1, 2023 if the Board does not revoke the bid for tender and follow NLHC’s guidance to classify Heather an employee to afford her basic labour protections. As if that wasn't enough, the tenants of the Senior's Complex will lose the staff member they've built safe and trusting relationships with over the last 12 years. 

Here’s how you can support Heather and the tenants of Bell Island Senior’s Complex:

1. Sign this Change.org petition to be brought forward to the Board of Bell Island Community Development Housing Corporation and demand that they allow Heather to continue her work providing a safe living environment to the vulnerable tenants residing at Bell Island Senior’s Complex as an employee.
2. Send an email to the Minister of the Department of Children, Seniors, and Social Development and the Board of the Newfoundland and Labrador Housing Corporation using our template. Tell the Department of Children, Seniors and Social Development that it is unacceptable to allow NLHC to not take accountability for negligent employment practices by their affiliates with the Partner Managed Housing Program, or to allow a worker who is employed through their Partner Managed Housing Program to lose their employment without due diligence.
   
   
3. SHARE the social media post widely to spread awareness and put pressure on The Board of Bell Island Community Development Housing Corporation to do what’s right and help Heather secure her employment.

 

Please direct any inquiries to the Workers' Action Network of Newfoundland and Labrador.