Secrecy clause over Independent MP’s fight with chief of staff

Details of a high-profile Independent MP’s stoush with her chief of staff will remain top secret as a legal battle heats up.

Independent MP Monique Ryan has agreed to keep paying the salary of chief of staff Sally Rugg pending a mediation over her legal claim, but has insisted the details of the complaint remain a secret for now.

Dr Ryan, who defeated former Treasurer Josh Frydenberg to secure the seat of Kooyong last year, attended the Federal Court on Friday for an urgent hearing before Justice Debra Mortimer.

Lawyers acting for Ms Rugg had sought an injunction restraining Dr Ryan from firing Ms Rugg.

Her legal team had an early win on this front after Dr Ryan voluntarily agreed to extend Ms Rugg’s employment until February 17 so mediation talks could take place.

Ms Rugg’s lawyers argue her termination was in contravention of the Fair Work Act as it followed a dispute over “unreasonable hours”.

Independent Member for Kooyong Monique Ryan. Picture: AAP Image/Mick Tsikas

But both Dr Ryan’s lawyers and Ms Rugg’s lawyers asked the Federal Court not to allow journalists and the public to access affidavits prepared as part of the case, arguing it might impact the ability of the parties to reach a negotiated outcome.

In response, Justice Mortimer raised concerns over the principle of open justice in terms of access to documents.

“I’m a little reluctant to keep particularly the initiating affidavit suppressed, but ultimately, the interests of the administration of justice in a matter like this, favour allowing the parties free and informed discussions to try and resolve the entire proceeding,’’ she said.

Earlier, Angel Aleksov, the barrister acting for Sally Rugg, told the court that some “useful discussions” were underway and said it wouldn’t be assisted by releasing the affidavits.

“In my respectful submission, it is in the interest of justice that there not be access pending that mediation,’’ he said.

“If there is access, it may hamper settlement at a mediation.”

The Commonwealth said its position was “neutral” and it was in the hands of the court.

Dr Ryan’s legal team is led by barrister Matthew Minucci and Elizabeth Cole.

Monique Ryan (R), with Sally Rugg (ctr) and Felicity Jane pose for a photograph that was posted on the social media account of @fellyjane. Picture: Instagram

“Dr Ryan would join in the submissions of Mr Aleksov off in respect of the release of the submissions. That is they would not be released pending the mediation occurring,’’ Mr Minucci said.

Workplace lawyers believe Ms Rugg‘s legal claim could emerge as a landmark case challenging the standard acceptance that political staffers should work 12 hours a day or longer without complaint.

In October, Dr Ryan told The Australian that the hours her staff, including Sally Rugg, worked were “unsustainable”, given some staff 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 legal claim accuses Dr Ryan of terminating Ms Rugg’s employment because she exercised the “workplace right” of making “complaints and inquiries in relation to her employment”.

In a seven-page statement of claim, Ms Rugg’s lawyers also accuse the Commonwealth of engaging in “hostile conduct in the workplace”.

However, Ms Rugg’s affidavit has not been released.

Liberal leader Peter Dutton has emerged as an unlikely ally of activist Sally Rugg in her workplace fight with Teal independent Monique Ryan, suggesting the Victorian MP is a “prickly character”.

Activist and staffer Sally Rugg. Picture: David Caird

Speaking on 2GB, host Ray Hadley suggested Ms Rugg wanted to work “9 to 5” in the job and that was the problem.

Parliamentary sources, however, say Ms Rugg actually worked up to 70 hours a week and her hours were so long that Dr Ryan gave interviews where she warned it was only a matter of time before there was a bad outcome.

Mr Dutton said he thought the focus should be turned on the MP.

“Well, I’d be really interested Ray, to have a further look at Monique Ryan’s employment history, and interactions with other people in workplaces where she’s been before, because I know that she’s described by some of the other teals as quite a prickly character,’’ he said.

“Now, I don‘t work closely with her, but that’s their account. I just really think it bears a little more scrutiny.”