Sally Rugg: Monique Ryan raised red flag on low staffing levels

As recently as October, Monique Ryan expressed concern that it was ‘only a matter of time before we have a poor outcome’.

Sally Rugg. Picture: David Caird

The teal MP being accused of requiring her chief of staff to work “unreasonable” additional hours expressed public concern just three months ago that staffing levels for independent backbenchers were “unsustainable” given some of her staff were working more than 70 hours a week.

Left wing activist Sally Rugg’s legal action against Monique Ryan in the Federal Court centres on allegations that the MP caused the Commonwealth to engage in “hostile conduct” by attempting to dismiss her after she refused to work the additional “unreasonable” hours.

In October, Dr Ryan spoke to The Australian about her concern regarding staffing levels, as she and fellow Teal MPs floated the idea of fundraising for extra staff after Anthony Albanese reduced crossbench MPs’ entitlements from four personal staff members to one, in addition to four electorate staffers.

Dr Ryan said she would “certainly” be looking at fundraising for extra staff and “wasn’t sure” whether she would talk to Climate 200, but left the door open to talking to donors whose “values aligned with my own”.

She raised concerns with current staffing levels that 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,” Dr Ryan said at the time.

Details of Ms Rugg’s Federal Court application to pursue action against Dr Ryan for an alleged breach of general protections under the Fair Work Act have been made public in documents released by the court on Tuesday, following applications from The Australian and other media organisations.

Ms Rugg’s originating application against the commonwealth and Dr Ryan, filed last Wednesday, seeks a final injunction preventing the termination of Ms Rugg’s employment, arguing that any such termination would contravene Section 340 of the Fair Work Act.

Ms Rugg’s lawyers, who include Josh Bornstein, Angus Mackenzie and Emily Creak of Maurice Blackburn, are seeking a declaration that the Commonwealth and Dr Ryan contravened the Fair Work Act in attempting to dismiss Ms Rugg “because (Ms Rugg) has exercised a workplace right … to refuse to work additional hours that were unreasonable”.

Teal MP Monique Ryan. Picture: AAP

They also want it declared that the Commonwealth and Dr Ryan contravened the act by taking “adverse action” against Ms Rugg “being to injure (Ms Rugg) in her employment by engaging in hostile conduct in the workplace” because of Ms Rugg’s refusal to work additional “unreasonable” hours.

Ms Rugg further accuses the Commonwealth and Dr Ryan of having decided to dismiss her because she exercised the “workplace right” of making “complaints and inquiries in relation to her employment”.

She seeks a declaration that Dr Ryan was involved in contraventions of the Fair Work Act by the Commonwealth, “having directly procured, induced, or having been knowingly concerned in or party to the contravention” as the “principal actor on behalf of (the Commonwealth) in the relevant transactions”.

Ms Rugg is demanding compensation and pecuniary penalties, and acknowledgement that the “unreasonable additional hours” constitute a breach of national employment standards.

As a senior personal staff member for a backbencher, Ms Rugg is entitled to up to $145,715 in base salary, plus 15.4 per cent superannuation, up to $30,799 in “personal allowance” to compensate for extra hours worked, and travel allowance of $289/night for every night spent away from home in the course of work.

Under the Members of Parliament (Staff) Act, federal political staffers are expected to work a 38 hour week, generally between 8am and 6pm, Monday to Friday.

“Employees may agree with their employing parliamentarian for some of their ordinary hours to be worked outside the hours of 8am to 6pm, Monday to Friday,” the MOP(S) Act states.

“Additional hours of work, over and above 38 hours per week, are recognised through the payment of ... parliamentary staff allowance or, where allowances are not paid, time off in lieu.”

Dr Ryan campaigned strongly on the issue of equality, respect and safety for women in the lead up to the May election, which saw her defeat then-Treasurer Josh Frydenberg in his previously blue ribbon Liberal seat of Kooyong in Melbourne’s affluent inner east.

She was also a key proponent of a parliamentary code of conduct, tweeting in June that it would be “crucial in improving the workplace culture of Parliament House.”

Introducing a Parliamentary code of conduct as recommended by the Jenkins' report will be crucial in improving the workplace culture of Parliament House.

I'm looking forward to developing a code of conduct that will hold politicians to a high standard.https://t.co/mpbjmlgdfz

— Dr Monique Ryan MP (@Mon4Kooyong) June 13, 2022

“I’m looking forward to developing a code of conduct that will hold politicians to a high standard,” Dr Ryan tweeted.

The court action comes just six months after Ms Rugg — a former Get Up! campaign director, and co-chair, with Kevin Rudd, of Australians for a Murdoch Royal Commission — was hired as Dr Ryan’s chief of staff.

In Rugg’s absence, former Adam Bandt staffer and Climate 200 head of campaigns Nina O’Connor is listed on the Parliament House website as Dr Ryan’s acting chief of staff.

Ms Rugg has not responded to a request for comment and Dr Ryan told The Australian she was unable to comment.

Monique Ryan, right, with Sally Rugg, centre, and Felicity Jane. Picture: Instagram

Maurice Blackburn declined to comment, as did lawyers for the Commonwealth and Dr Ryan, Sparke Helmore.

A spokeswoman for the Department of Finance said that in its role managing the Commonwealth’s self-insurance fund Comcover, the department was “aware of the claim made by Ms Sally Rugg against the Commonwealth and Dr Monique Ryan MP in relation to Ms Rugg’s employment”.

“As this matter is before the courts, it would not be appropriate to comment,” the spokeswoman said.

An interlocutory hearing of the case is scheduled for this Friday February 3, before Justice Debra Mortimer.

When she hired Ms Rugg last July, Dr Ryan took to her website to spruik her new recruit as an “outstanding all-rounder with excellent leadership experience, a proven track record of effective policy advocacy, and high level strategic communications skills.”

“We are thrilled to welcome her to Team Mon,” Dr Ryan said.

Ms Rugg said it had been Dr Ryan’s policy outlook which had attracted her to the job.

“What drew me to Monique was obviously the policy priorities – climate change, gender equity, integrity and transparency in politics – but also her approach as a grassroots, community-connected independent,” she told Nine Newspapers.

Best first-week-of-a-new-job ever ☺️ https://t.co/AjreTrySaY

— Sally Rugg (@sallyrugg) July 28, 2022

I love my new job so much omg

— Sally Rugg (@sallyrugg) August 12, 2022

Ms Rugg took to Twitter in her first week in the role to say how much she was enjoying it, tweeting, “Best first-week-of-a-new-job ever”, in response to Dr Ryan’s first speech in late July, and “I love my new job so much omg” a few weeks later in August.

Additional reporting: Sarah Ison.