Mediation fails to resolve legal fight between Monique Ryan and her chief of staff Sally Rugg

Activist Sally Rugg is suing her boss Kooyong MP Monique Ryan over claims she was sacked for refusing to work “unreasonable hours” and mediation has failed to resolve the dispute.

A courtroom showdown looms between Kooyong MP Monique Ryan and her chief of staff Sally Rugg after the pair were unable to settle an unfair dismissal dispute through mediation.

Ms Rugg, an activist who claims she was sacked for refusing to work “unreasonable hours”, will now try to bolster her Federal Court case, claiming the MP “publicly acknowledged” staff were working 70-hour weeks.

Maurice Blackburn Lawyers principal Josh Bornstein, who is acting on behalf of Ms Rugg, said she would seek to add claims of “serious contraventions” of the Fair Work Act against the Commonwealth when the case returns to court on Friday.

Mr Bornstein said the case would be a test for what constitutes “reasonable overtime or additional hours“ for parliamentary staffers and may have implications for other white-collar employees.

The legal stoush between federal MP Monique Ryan and her chief of staff Sally Rugg has not been resolved by mediation. Picture: Luis Ascui

“The serious contravention claim is made in circumstances in which Dr Ryan publicly acknowledged that her staff were working 70-hour weeks and that it was not safe,” he said.

“The Commonwealth has been on notice of unlawful excessive hours being worked for parliamentary staffers for many years, including by reason of inquiries and reports to parliament.”

In October, Dr Ryan told The Australian the hours worked by her staff, including Ms Rugg, were “unsustainable”, given some were working more than 70 hours a week.

“It’s not healthy. I think it’s only a matter of time before we have a poor outcome with one of our staff members,” she said.

The penalty for serious contraventions – when a breach is known and systemic – is a maximum of $660,000.

Sally Rugg. Picture: Luis Ascui

Monique Ryan. Picture: Ian Currie

“If Ms Rugg’s case succeeds, it will open the door for further litigation including class actions, not just for employees of the Commonwealth but for every Australian worker experiencing exploitation because of a contractual obligation to perform undefined ‘reasonable additional hours’,” Mr Bornstein said.

Ms Rugg, who joined Dr Ryan’s office in July 2022, launched legal action against her and the Commonwealth in January to stop her from being fired. At a hearing last month, the parties agreed for Ms Rugg to maintain her employment until Friday’s hearing to enable mediation.

The federal court will hear Ms Rugg’s ­application for an injunction to prevent the termination.

Mr Bornstein said after that issue was determined, Ms Rugg will then “pursue her claims for compensation and other orders” against the Commonwealth and Dr Ryan.

The independent member and her legal team were contacted for comment.