Olinda Chapel's healthcare company loses tribunal case

A manager at a healthcare company has won an unfair dismissal case after being sacked just two days following her complaint that her boss's husband behaved in a sexually inappropriate manner towards her.

Amber Stoter felt "ambushed" when Gain Healthcare CEO Olinda Chapel-Nkomo called her into a meeting and dismissed her 48 hours after she reported the misconduct, an employment tribunal heard.

Ms. Stoter had raised concerns that CEO Chapel-Nkomo's husband, Tytan Nkomo, made crude comments about her, including referring to her as his "property" and making sexually suggestive remarks. After Ms. Stoter posted a photo with the caption "working hard in the sun," Mr. Nkomo allegedly commented, "that's not the only thing you make go hard," and also called her his "girlfriend."

The tribunal revealed that following the complaint, Ms. Stoter's line manager advised Mr. Nkomo to stop working from the office, but no further action was taken. The morning after the complaint, Mrs. Chapel-Nkomo was informed of her husband's alleged inappropriate messages, yet the very next day, she announced performance review meetings. During her review meeting with Ms. Stoter, a "heated" discussion ended with Ms. Stoter's dismissal, which she felt was in retaliation for her complaint.

Gain Healthcare cited various reasons in the dismissal letter, including allegations that Ms. Stoter left the premises to visit a tanning salon during working hours and sent an "excessive" number of WhatsApp messages to colleagues. However, the tribunal concluded these reasons were unfounded and that the real cause was her protected disclosure about Mr. Nkomo's conduct.

Employment Judge Colin Baran ruled that Ms. Stoter was unfairly dismissed and victimized, noting that the company did not investigate or address her allegations and that her dismissal was a direct response to her complaint about sexual misconduct.

Ms. Stoter, 30, who represented herself during the tribunal, described the experience as "stressful" and said she struggled to find work since being sacked. She emphasized the importance of standing up for oneself, stating, "Maintaining one's integrity is the best way."

A remedy hearing to determine compensation will be held in September.