The employee may resume work when required by the employer under the same terms and conditions as in this contract.While Manu objected to this clause, he nonetheless signed the agreement anyway.

Not happy with what had happened, Manu raised his concerns with the union and also went on strike in support, resulting in the employer resorting back to collective agreements.

In February 2006, upon learning that Manu was now working for another firm, Steelink wrote to him saying they had outstanding monies owing to him, namely holiday pay, and asked how he would like to collect it.

Steelink then applied unsuccessfully to the High Court for Manu's action to be struck out claiming it was without merit and was frivolous or vexatious.

The short answer is that the employer has some scope, however limited in practice, for passing on its price structure while the employee has no such ability and has received no benefit in exchange for the introduction of the provision.