Intern on Work Experience Held Not to be Entitled to National Minimum Wage

Facts: The Complainant was an unpaid intern with the Respondent as part of work experience for his university degree.  The Work Experience Agreement between the two parties set out that the placement would be unpaid, and the Complainant chose to undertake same. The Complainant submitted that he carried out the same functions and responsibilities as a Level 1 Technician and therefore should have been paid for the entire duration of his placement. This was the basis of his complaint under the Payment of Wages Act, 1991 (the “Act”). The Respondent’s position was that the purpose of the internship was to provide the Complainant with work experience, which he received, and that the Complainant was of little value to the business until towards the end of the placement.

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