By Godfrey Kenneth Beni:
A Malawian organisation assigned work meant for higher-grade employees to a group of interns. This was work that was clearly meant for higher-grade employees. The interns were overloaded with tasks. They worked long hours. They were paid as interns — but they performed the duties of staff associates. They took their employer to court.
On October 2, 2025, the Industrial Relations Court delivered a judgement that every employer who uses interns must study. The court found that overloading interns with work of a higher grade constitutes an unfair labour practice. The employer was ordered to pay salary-difference damages, calculated by comparing the interns’ pay to that of staff associates, and to pay lump-sum damages for the unfair labour practice.
The court also ordered the employer to produce its salary scales to allow the court to assess the correct comparator. The court did not award notice pay, but the message was clear: employers cannot use interns to perform work that should be done by paid, permanent employees.
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The right to fair labour practices is enshrined in Section 31 of the Constitution of Malawi. It states that “every person shall have the right to fair and safe labour practices and to fair remuneration”.
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The Employment Act reinforces these rights through provisions on unfair dismissal, discipline and minimum standards.
The Employment Act does not define “internship” in court-specific detail. But the courts have made clear that the substance of the employment relationship matters more than the label.
On August 11, 2025, the Industrial Relations Court delivered a related ruling that every employer should study: successive renewals of an internship converted it into employment, and dismissal and wage deduction were unlawful under the Employment Act.
The employer was required to comply with sections 57, 59 and 61 of the Employment Act on dismissal procedures and Section 52 on wage deductions.
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This ruling confirms that internship status is not a licence to avoid employment obligations. If an intern is renewed repeatedly, they may become a permanent employee—with all the accompanying rights. The Employment Act defines an “employee” as a person who offers services under a contract of employment, whether oral or written, express or implied.
The definition also includes a person who is economically dependent on the employer and under an obligation to perform duties—a test that captures many interns who perform substantive work. The August 2025 ruling also confirms that successive renewals of a purported fixed-term internship can trigger Section 28(3) of the Employment Act, which converts fixed-term contracts into indefinite contracts if they are used to fill a permanent role.
If you are an intern being overloaded with work or exploited, you should know your rights. Keep records. Document your duties, hours and responsibilities.
If you are performing work that should be done by a higher-grade employee, keep evidence. If you are repeatedly renewed, you may be an employee. The August 2025 ruling confirms that successive renewals can convert an internship into employment.
If you have been renewed multiple times, you may be entitled to unfair dismissal protections. Seek legal advice if you believe you are being exploited. Contact the District Labour Officer, a trade union, or a legal practitioner.
The October and August 2025 rulings show that the court takes internal exploitation seriously.
If you are an employer who uses interns, the October and August 2025 rulings have significant implications. Do not overload interns with work of a higher grade. If an intern is performing the duties of a staff associate, they should be paid as a staff associate. The court will compare their pay to that of higher-grade employees and order back pay.
Do not use successive renewals to avoid employment obligations. An intern who is renewed repeatedly may become a permanent employee under Section 28(3). This triggers unfair dismissal protections and wage obligations.
Ensure fair treatment. Section 31 of the Constitution guarantees fair labour practices to every person— including interns. Overloading, underpaying or exploiting interns is an unfair labour practice. Keep proper records.
The October 2025 ruling ordered the employer to produce its salary scales to allow the court to assess the comparator. Employers who cannot produce such records may be at a disadvantage.
The interns in the October 2025 case were paid as interns—but they worked as staff associates. The court found that this was an unfair labour practice. They were awarded salary-difference and lump-sum damages. The interns in the August 2025 case were repeatedly renewed. The court found that this converted their internships into employment. They were entitled to unfair dismissal protections.
The law protects interns from exploitation. The Constitution guarantees fair labour practices to every person. The Employment Act provides remedies for unfair dismissal and wage violations. The question is not whether interns have rights—they do. The question is whether employers will respect them— or face the consequences.
*The author is a Human Resource Practitioner
Feedback: kennethbeni35@gmail.com
MADE RULINGS—The court
