As the minister responsible for overseeing the case,Dreyfus is at arm’s length from any negotiations between the parties but his approval is required for any settlement. Multiple sources with knowledge of the case said the Commonwealth rejected a proposal from Rugg’s legal team to resolve the dispute for about $280,000.
“It was a big amount,” a source familiar with the Commonwealth’s thinking said.
Maurice Blackburn partner Josh Bornstein,who is acting for Rugg;and Sparke Helmore Lawyers partner Brendan Charles,who is acting for the Commonwealth,declined to comment.
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Dreyfus’ spokesman said the matter was being conducted by the Commonwealth’s insurer and would not comment further because it was still before the courts.
Justice Debra Mortimer hasflagged the trial will be heard in July at the earliest and could run for up to three weeks.
The outcome will turn on a rarely tested provision in employment laws that gives people the right to refuse to work unreasonable additional hours and how the judge reconciles Ryan and Rugg’s conflicting accounts of their time working together. Rugg has alleged a series of hostile acts by Ryan,which Ryan has denied.