NSW Boss has ordered me to sell his MLM products

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

A.M.S

Member
1 July 2020
3
0
1
I work for an appliance rentals franchisee. The franchise was owned by someone else when I was first employed and my contract was with that person. In the contract it stated that I “shall also perform duties for any of the Company’s related affiliates”.

When my boss bought the business 2 years ago I never got or signed a new contract under the new business name.

My boss has since bought into five MLM (multi level marketing) schemes and my only co-worker left 6 months ago.

I now have to do the work of two people (already overworked) and my employer is demanding that I sell his MLM products on top of the work I was employed for. I have told him that I don’t have time to sign people up to electricity or SIM cards or other products as well as do my job but he keeps saying there is always time.

He also keeps asking me to join one of these MLM’s under him and that he will pay the joining fee, I don’t trust MLM’s and don’t want to join and I definitely don’t want him paying the fee hanging over my head forever.

I know he can’t force me to join an MLM but can he force me to sell their products?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,326
1,001
2,894
Most likely no.

The employers are different and you cannot be forced to work for another employer against your will.

There is a high probability your current boss doesn't know or care he is doing the wrong thing.

While you are against MLMs, maybe you can tell him you want a dedicated set time, say one hour per day during which he pays you your normal wage.

If you continue to refuse to sell MLMs, without very good persuasive skills, you will likely be looking for another job sooner rather than later.

If he does sack you for refusing to sell MLM products/services, you'll likely have a good case to take to the Fair Work Commission.

Maybe get proactive and start looking around for a more reasonable boss.
 
Last edited:

A.M.S

Member
1 July 2020
3
0
1
Thank you for your reply Rod, that really does help. I’m not sure my work conditions will change any time soon ( this is only one of many issues, including paying less than award). I am looking for somewhere else to work but who knows how long that will take in regional NSW.

I will try discussing your suggestion with my employer, it’s quite a reasonable suggestion, thank you for coming up with it. Here’s hoping it goes well.

Thank you Rod.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,326
1,001
2,894
NP.

Keep in mind claims for being paid under the award have a limitation period of 6 years.
 

A.M.S

Member
1 July 2020
3
0
1
Yes. Thank you. It was only two years ago it started happening. He is currently paying back my net wage bit by bit but not GST or Superannuation. I would like to give him a chance to do the right thing before getting Fairwork or lawyers involved. I am currently in an ongoing discussion with him about that.
Thank you Rod. You’ve been so helpful, it’s really appreciated.