Monique Ryan and chief of staff Sally Rugg fail to settle unfair dismissal dispute

Monique Ryan and her chief of staff have failed to settle an unfair dismissal dispute during a “robust” mediation — but the MP was a no-show.

Four hours of “robust” mediation has failed to resolve an unfair dismissal dispute between Independent MP Monique Ryan and her chief of staff Sally Rugg.

The pair was ordered to attend closed court mediation at the Federal Court on Thursday to try and settle claims Ms Rugg made about being sacked after six months in the Kooyong member’s office for refusing to work “unreasonable” work hours.

But it can now be revealed Dr Ryan failed to show up to the negotiating table.

The case was called back in the Federal Court on Friday where Justice Debbie Mortimer made a remark that only one of the parties had attended the mediation.

Independent MP Monique Ryan failed to show up to the negotiating table. Picture: Gary Ramage

Nick Harrington, for the Commonwealth, told the court he was at the mediation as legal counsel but Dr Ryan had to attend remotely because of her parliamentary commitments.

He said she was available on her phone at all times if needed.

The mediation lasted four hours, Mr Harrington said, where “everything was touched upon”.

“There was a robust exchange of views,” he said.

But ultimately, they were not able to come to an agreement.

Mr Harrington asked Justice Mortimer to give them another fortnight to “further explore the issues” raised at the mediation.

“We just want more time to give consideration to the issues,” he said.

Ms Rugg’s barrister, Angel Aleksov, and Matthew Minucci, for Dr Ryan, did not oppose the move.

Sally Rugg claims she was sacked for refusing to work ‘unreasonable’ hours. Picture: David Caird

Justice Mortimer warned them that if there was no resolution then the interlocutory hearing would have to go ahead when the matter returns to court on March 3.

Ms Rugg last month launched legal action against Dr Ryan and the Commonwealth of Australia for breaches of the Fair Work Act, calling for an urgent interlocutory hearing to stop her employment being terminated.

The parties, at a hearing earlier this month, agreed for Ms Rugg to maintain her employment until the case returned to court this week to allow for mediation to take place.

On agreement by the parties, Justice Mortimer extended that to the next court date.

Ms Rugg continues to be paid “miscellaneous leave”.

She alleges in her originating application, lodged with the court on January 25, she was told in a “hostile” manner her employment would end on January 31.

She said she had “exercised a workplace right” under the FairWork Act “to refuse to work additional hours that were unreasonable”.

Ms Rugg claimed some employees were often working more than 70 hours per week.

She was hired by Dr Ryan in July last year after the new MP controversially unseated then Treasurer Josh Frydenberg in Kooyong at the May federal election.