Rugg,the former head of Change.org and an experienced campaigner on socially progressive issues,has launched Federal Court action against Ryan and the Commonwealth of Australia,and is trying to stop the latter from firing her following a dispute about working hours.
Monique Ryan and Sally Rugg.Photos:Alex Ellinghausen/Nick Moir
Ryan recruited Rugg in July after the Kooyong independent’s election win over former Liberal treasurer Josh Frydenberg on a campaign platform of climate action and political integrity.
In court documents lodged in the Federal Court,Rugg claims the first respondent in the action – listed as the Commonwealth – denied her workplace right of refusing “to work additional hours that were unreasonable” resulting in the Commonwealth “engaging in hostile conduct in the workplace”.
Rugg wants a court to find the Commonwealth breached the Fair Work Act by dismissing her,effective from January 31,because she “exercised a workplace right,being to make complaints and inquiries in relation to her employment”.
Rugg – who is represented by high-profile Labor-aligned employment lawyer Josh Bornstein – alleges in the documents that Ryan was the “principal actor” in the above allegations,and is calling for an injunction to stop Ryan terminating her employment. She is still employed pending a court hearing on Friday.
While MPs’ staffers work for them,their employment is technically under the Department of Finance.
Rugg’s lawyers,from the firm Maurice Blackburn,declined to comment,but confirmed she was still employed by Ryan.
Rugg is also demanding compensation over the alleged breaches of workplace law.
Ryan declined to comment.
According to the Fair Work Act,employees may refuse to work unreasonable hours based on a number of factors that include their health,personal circumstances,the usual requirements and patterns of work in the industry,and the employee’s level of responsibility.
Rugg also invoked the enterprise agreement for MPs’ staff,which sets out the parameters of ordinary and additional working hours.
The agreement also says the level of payment provided to politicians’ electorate and personal staff,including allowances and other benefits,reflects an expectation they will be regularly required to work more than a standard week.
The case has been launched against the backdrop of the Albanese government last year slashing the staff allocation for independent MPs from four to one,over which Ryan accused Labor of attacking the crossbench.
“This measure is aimed at decreasing the effectiveness of the community independents in particular,” she said in June.
Parliament House also drew increased focus on its own workplace practices and treatment of politicians’ staff after the release of Sex Discrimination Commissioner Kate Jenkins’Set the Standard report in late 2021,and other high-profile allegations regarding parliamentary culture.
A review published by the Department of Prime Minister and Cabinet in October recommended politicians’ ability to terminate their staff should be limited.
After her recruitment,Rugg told this masthead’sCBDcolumn she had been since her performance in a town hall debate against Frydenberg midway through the election campaign.
“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 said.
In July,Ryan described Rugg as an “outstanding all-rounder with excellent leadership experience,a proven track record of effective policy advocacy,and high-level strategic communications skills”.
She lauded Rugg’s experience as a political strategist,including supporting the Home to Bilo campaign to return a family of to the Queensland town of Biloela,women’s safety in Parliament House,and ABC funding.
An interlocutory hearing before judge Debra Mortimer has been set down for 10.15am on Friday in Melbourne.
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