Frequently Asked Question

What Happens If an Outsourced Worker Is Accused of Misconduct?

2 min read BestCare Manpower Services Nairobi, Kenya
Answer

An official response from Bestcare Manpower Services

An accusation of misconduct is one of the most sensitive situations that can arise in any employment relationship. When the accused is an outsourced employee, the response must be coordinated between the client and Bestcare Manpower Services — with both parties acting swiftly, fairly, and in full compliance with the law.

Immediate Steps

When misconduct is alleged, the first priority is to stabilise the situation without prejudging the outcome. Bestcare advises clients to document the incident or allegation in writing as soon as possible, preserve any physical or digital evidence, refrain from confronting or prejudicing the employee before an investigation has occurred, and notify Bestcare immediately.

Depending on the severity of the allegation — particularly in cases involving violence, theft, or harassment — the client may request that the employee be temporarily removed from the work site pending investigation. Bestcare can facilitate a precautionary suspension, which is not a disciplinary sanction but a neutral step taken while the facts are established.

The Investigation Process

Bestcare’s HR team leads the formal investigation. This involves interviewing the accused employee, interviewing witnesses and the complainant, reviewing documentary and electronic evidence, and producing a written investigation report.

The client participates as a provider of evidence and context — not as the decision-maker. This distinction is important: because Bestcare is the employer of record, it holds the legal authority and responsibility to determine the disciplinary outcome.

Possible Outcomes

Following investigation, Bestcare may issue a formal warning for less serious findings, issue a final warning for substantiated serious misconduct, initiate a termination of the outsourcing placement for gross misconduct, or clear the employee where the evidence does not support the allegation.

In all cases, the outcome is communicated in writing to both the employee and the client.

“An accusation is not a conviction. We treat every misconduct case with the same rigour: protecting the rights of the accused while taking the concerns of the client completely seriously. That balance is what the law requires and what fairness demands.”

The Director and Team, Bestcare Manpower Services

Misconduct accusations involving outsourced staff are handled by Bestcare Manpower Services through a structured, legally compliant process that is fair to the employee, responsive to the client, and protective of everyone involved.