guys, having a situation here, need some HR experts to give suggestion on this:

- a probationary staff is resigning before the confirmation commences
- company intends to confirm the staff but staff decides to resign before confirmation
- staff asking if annual leave encashment is included upon resignation
- company policy mentions only confirmed staff is entitled for annual leave
- staff insists on pro-rated annual leave encashment even to resign during probation period

based on Employment Act 1955, it didnt mention whether confirmed or probationary staff is entitled for annual leave.. so isit depend on company policy to decide on this matter?

so if the staff bring this to labour court to challenge, what will be the outcome?

appreciate if experts here can share their knowledge on this..

thanks for your valuable input