Login
Rugg-Ryan mediation fails, could ‘open the door for further litigation’
A case brought by a former staffer against an independent MP may be a test case for determining what constitutes “reasonable” overtime hours — a decision set to impact all employees in the labour market.
Jess Feyder
Independent member for Kooyong, Dr Monique Ryan, has been brought into a legal battle by her former chief of staff, Sally Rugg, who claims she was fired for refusing to work “unreasonable” hours.
Dr Ryan and the Commonwealth are defending the case and deny the claims made by Ms Rugg.
What constitutes “reasonable” overtime hours is currently undefined in the Fair Work Act 2009, yet determining factors that have been brought into consideration in past litigation mainly centre around the health and safety of an employee.
Maurice Blackburn Lawyers principal Josh Bornstein, who is representing Ms Rugg, unveiled details of the unfolding legal dispute on Thursday afternoon (2 March).
“Mediation has failed to resolve the legal dispute between Sally Rugg, the Commonwealth and Dr Monique Ryan,” Mr Bornstein stated.
“Ms Rugg will seek to add claims of ‘serious contraventions’ of the Fair Work Act against the Commonwealth.”
Mr Bornstein explained that “a serious contravention occurs where the breach of labour standards is knowing and systematic”.
“The penalty for serious contraventions is a maximum of $660,000,” he said.
Mr Bornstein noted that “Dr Ryan has publicly acknowledged that her staff were working 70-hour weeks and that it was not safe”.
“In addition, the Commonwealth has been on notice of unlawful excessive hours being worked for parliamentary staffers for many years, including by reason of inquiries and reports to Parliament.
“Most recently, Kate Jenkins’ 2001 Set the Standard report documents that staffers working excessive hours was an important factor in an unsafe workplace,” he added.
“Ms Rugg’s case will be a test case for what constitutes ‘reasonable’ overtime or additional hours for parliamentary staffers and may impact other white-collar employees in the labour market.
“If Ms Rugg’s case succeeds, it will open the door for further litigation, including class actions, not just for employees of the Commonwealth but for every Australian worker experiencing exploitation because of a contractual obligation to perform undefined ‘reasonable additional hours’.”
Later this morning, Justice Debra Mortimer of the Federal Court will hear Ms Rugg’s application for an injunction to restrain the termination of her employment.
“After that issue is determined, Ms Rugg will then pursue her claims for compensation and other orders against the Commonwealth and Dr Monique Ryan,” Mr Bornstein said.
Lawyers Weekly reached out to Sparke Helmore and DLA Piper, representing the Commonwealth and Dr Ryan, respectively. Both firms declined to comment.
