Managing grievances and disciplinary matters for outsourced workers is one of the areas where the triangular nature of the outsourcing relationship requires the most careful handling. Both the worker’s rights and the client’s operational interests must be respected — but the legal responsibility for the employment processes sits with the outsourcing firm. At Bestcare Manpower Services, we have clear, fair, and legally compliant procedures for both grievances and disciplinary matters.
Any outsourced worker who has a complaint about their working conditions, treatment, pay, or any other aspect of their employment has the right to raise a formal grievance. This right is legal, not discretionary, and cannot be removed by the client or the outsourcing firm. Workers raise grievances with Bestcare — their legal employer. We acknowledge the grievance promptly, investigate it thoroughly, and communicate our findings and any remedial action to the worker within the timeframes specified by law and our own procedures. Where the grievance relates to the client’s conduct — for example, allegations of harassment by a client’s manager — Bestcare works with the client to investigate and resolve the matter appropriately.
When an outsourced worker’s conduct or performance falls short of what is expected, a disciplinary process may be required. Bestcare owns and manages this process. We do not allow clients to conduct informal or ad hoc disciplinary action against our workers. Any concerns about a worker’s conduct should be raised with Bestcare, who will assess the matter and determine whether a formal process is warranted. Workers are entitled to fair process: notice of the allegation, the opportunity to respond, and the right to be accompanied by a colleague or union representative at any formal hearing.
Clients play an important supporting role in both grievance and disciplinary processes. They may be required to provide witness statements, permit workplace investigations, or adjust working arrangements pending the outcome of a process. However, they should not attempt to manage these matters directly — doing so risks bypassing the worker’s rights and creates legal liability for both the client and Bestcare.
Depending on the outcome of a disciplinary or grievance process, Bestcare may take a range of actions: issuing a formal warning, requiring remediation, redeploying the worker, or, in serious cases, terminating employment. All actions are taken in accordance with our procedures and applicable law.