Question: Discrimination ( or not? ) A few weeks after being employed by Gross, Slick & Schyster Inc., a firm of accountants, an employee disclosed to

Discrimination (or not?)
A few weeks after being employed by Gross, Slick & Schyster Inc., a firm of accountants, an
employee disclosed to a colleague that she suspected that she was pregnant. A month later her
doctor confirmed this. She subsequently informed her manager (Ms Kramer) that she would take her
statutory maternity leave from November that year (four months hence). She did not receive a reply
from her.
A few weeks after disclosing her pregnancy to Kramer, the employee was issued with a written
warning for three alleged instances of non-performance: two incidents concerned the employees
failure to return the calls of two important clients (who both subsequently complained to Kramer
about it), while the final incident concerned the late filing of a clients tax returns. A month-and-a-half
before going on maternity leave the employee received a final written warning for a further incident of
alleged non-performance, this time for arriving an hour late for work and not informing her employer
that she would arrive late (this was due to morning sickness).
Two weeks later the employee suffered cramps at the workplace and informed Kramer that she had
to seek medical treatment. She consulted her doctor and was admitted to hospital on account of
suspected pre-term labour. She phoned Kramer en route to the hospital to inform her of this. The
following day she informed Kramer that she had been booked off sick until the commencement of
her maternity leave.
A large amount of correspondence thereafter followed in which Kramer, among others, requested
the employee to provide her with a medical report of exactly when her maternity leave would
commence and when she would return from maternity leave. The employee did not respond to
Kramers last request and was then dismissed in her absence for, among other things,
insubordination (in that she had failed to provide the required medical report), neglect of duties, and
failure to disclose critical information regarding pregnancy at time of application for employment.
The employee had been unaware at that stage that she was pregnant.
Questions:
1.1. Provide detail in terms of How much maternity leave is the employee entitled to.(20)

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