Hi,
I worked with a company for 3 months, and during the time they communicated a Leave Policy to everyone on email that said every employee was entitled to 32 days leave in a year. (I have a copy of that communication with me.) As I was still in probation, I was not allowed to avail of paid leave, but it accrued and I would be able to avail of the leave on successful completion of probation (3 months).
I resigned on August 4th (joined May 1st) and the company refused to adjust my pro-rata earned leave balance against my notice period shortfall. They insist that since I was never confirmed in writing, they would not adjust 8 days of pro-rata earned leave EVEN IN MY FULL AND FINAL SETTLEMENT. Can I legally dispute the calculation?
Furthermore, this company has deducted my salary for sat-sun if i was absent on a friday and monday (i.e. weekend is closed from both ends by leave, then sat-sun is also considered leave and deducted from leave balance or if no leave balance then deducted from salary as leave-without-pay).
I have already issued them a post-date cheque (for december) in good faith, but i am skeptical about the legality of the calculations they have made. Please help!
