A former Thermomix contractor in Perth who tried to sue the business after her boundary was changed, consultants were transferred and she was later dumped, has lost a legal battle against the company.
Thermomix kitchen machines are sold during in-home demonstrations by consultants, who get a commission.
![Thermomix kitchen machines are sold during in-home demonstrations.](http://web.archive.org./web/20170814005100im_/https://www.fairfaxstatic.com.au/content/dam/images/g/w/s/s/6/q/image.related.articleLeadwide.620x349.gxusbk.png/1502498211341.jpg)
Consultants are independent contractors, rather than employees of Thermomix, and are managed by group leaders who also earn a commission from sales.
Elisabeth Higgins joined Thermomix in 2007 and became a group leader in 2008, but was dropped as a group leader in 2014 with two weeks' notice and her contract as a consultant was terminated a couple of months later.
She sought damages in the WA District Court, but on Friday Judge Michael Bowden handed down his decision and sided with Thermomix, with costs to be determined at a later date.
Judge Bowden ruled that Thermomix had not been misleading or deceptive in changing the geographical area and had received consent for the consultant transfers.
He also found Thermomix was justified in terminating Ms Higgins' agreement.
"I find that Thermomix did not engage in any conduct that was not reasonably necessary for the protection of their legitimate interests," he said.
"I accept that the manuals lack clarity in some parts (but) generally these documents are not overly complex."
Judge Bowden also found there was no evidence of Thermomix using unfair tactics or treating Ms Higgins differently to others.
"Nothing has been shown to establish that Thermomix was preying on a weaker Mrs Higgins, applying undue pressure to her or shrouding their dealings with her in secrecy, trickery or dishonesty," he said.
Judge Bowden described Ms Higgins' evidence as "unsatisfactory" and said she was reluctant to concede error.
"Her constant resort to the safe refuge of her statement ultimately led me to conclude that her evidence was designed solely to achieve the outcomes she desired rather than to assist the court," he said.
Ms Higgins declined to comment as she left court.
- AAP