This scenario is similar to what you may expect in the final assessment.

As you can see, several legal issues emerge from these facts. This is how life will present itself to you in the workplace and it is important that we practice and assess your ability to deal with realistic, 'messy' facts.

You are the HR liaison for Martha and you have just received two reports about her. Assume that on further investigation the facts as they present on the previous page all become clear to you.

Identify the employment law issues that emerge from these facts.

Consider the following scenario:

Martha is the executive assistant of John, the CEO of NeverSleep Ltd. John used to call Martha his 'right arm lady' and relied heavily on her for the proper fulfilment of his responsibilities. Martha is entitled to four weeks' annual leave in terms of her employment contract.

Martha had been working for John for four years. Every time that she wanted to take leave, John told her that he had an urgent matter coming up and that he could not afford being without her. When John took his annual leave, he told Martha that she needed to be around to ensure continuity at the office and so that he could pick up again when he returned. As a result, Martha had not accessed her annual leave since she'd started working for John.

Martha has been feeling unwell lately. Her doctor has advised that she is at risk of a physical and mental breakdown and that she urgently needs to take time off work to focus on her wellbeing. Martha asks John whether she may access personal leave for this purpose. He tells her that mental illness is not a real reason for sick leave and that he cannot afford to be without her. When Martha attempts to access annual leave, John rejects the electronic request.

John has now started referring to Martha as 'moaning Martha' when mentioning her to colleagues. Martha overhears him saying 'just schedule a meeting with moaning Martha for next week.' She feels deeply hurt by this, as she has been nothing but loyal to John all these years. The quality of Martha's work has been deteriorating, because she struggles to concentrate and she feels overwhelmed. John calls out her mistakes in front of colleagues and acts demeaning towards Martha. Martha never complains about John's conduct. She feels embarrassed about her health and also about the quality of her work, which she has always prided herself on. She also cares deeply about John and his reputation, despite his actions towards her.

You are Martha's HR liaison. The executive assistant of the chief financial officer of NeverSleep Ltd, who shares an office with Martha and has personally witnessed much of John's behaviour, paid you a visit earlier today. She briefly explained what she has observed and tells you that she is worried about Martha. Later today, you received an email from John, telling you that he is not satisfied with Martha's work anymore and that he wants to advertise for a new executive assistant.