WRC rules there’s no legal basis for paying apprentice rates without SOLAS registration
A motor garage in Co. Wexford has been ordered by the Workplace Relations Commission (WRC) to pay €5,418 to an apprentice mechanic after failing to pay him any wages for three months of full-time work.
The case highlights a critical legal point:
An employee is not an apprentice unless they are registered.
Case Summary
- Complainant: Moeez Ahmad
- Respondent: Gorey Automotive Services
- Work period: 30 Sept 2024 – 6 Jan 2025
- Wages paid: €0
- Employer’s argument: Mr Ahmad was “waiting for apprenticeship registration” and was only entitled to €4.75/hour
- WRC finding: Mr Ahmad was entitled to the full minimum wage, as he was not yet a registered apprentice
What Went Wrong
1. No Apprentice Registration = No Apprentice Exemption
Under the National Minimum Wage Act 2000, registered apprentices are exempt from minimum wage rules, but only once formally registered.
Best Practice: Employers must ensure that apprentice registrations with SOLAS are completed before relying on reduced apprentice pay rates.
2. Trial Period ≠ Free Labour
The garage claimed Mr Ahmad was on a “trial period” and would be paid when registered. The WRC found no lawful basis for this.
Best Practice: “Trial periods” must be paid unless part of a structured, voluntary, and short-term work placement. Any full-time work must meet employment standards.
3. Failure to Pay the Correct Rate
The employer intended to backpay Mr Ahmad at the apprentice rate (€190/week), equating to €4.75/hr. But the adjudicator ruled the correct legal rate was the national minimum wage applicable to his age:
- €11.43/hr (2024)
- €12.15/hr (2025)
Best Practice: Always verify which rate applies based on age, status, and registration. Assuming someone is an apprentice is not enough.
Why It Matters
This case shows how easily a misunderstanding of apprentice status can result in:
- Wage arrears
- Tribunal rulings
- Reputational damage
- Accumulated financial penalties
It also highlights the WRC’s stance: “Intention to register” doesn’t count.
How Bloom Consultancy Can Help
We work with automotive garages, construction firms, and all employers using trainees to:
- Register apprentices correctly with SOLAS
- Audit and confirm correct wage rates by role and age
- Ensure full compliance with Payment of Wages Act and National Minimum Wage Act
- Represent clients in WRC cases or inspections
This article is based on public decisions of the Workplace Relations Commission and reported case summaries from Irish media sources. It is intended as a commentary on HR compliance issues relevant to employers and HR professionals in Ireland.