Activist Sally Rugg fails in bid to return to work with Kooyong MP Monique Ryan trends now
Sally Rugg has failed in her bid to return to work as the chief of staff for Kooyong MP Monique Ryan.
Federal Court judge Debbie Mortimer on Tuesday dismissed Ms Rugg's application to return to work while she awaited trial.
The activist claims she was sacked by Dr Ryan for raising concerns about unreasonable work.
Sally Rugg had the opportunity to turn down an additional $30,205 in her position as the chief of staff for Kooyong MP Monique Ryan if she could not commit to the overtime requirement
Dr Ryan said: 'Ms Rugg never said to me that would like to choose not to receive the Parliamentary Staff Allowance, and to the best of my knowledge she did in fact receive it'
She had sought an interim injunction to stop the Commonwealth from terminating her employment until a trial.
In handing down her ruling, Judge Mortimer told the parties to continue to work together to resolve the matter in the hope of avoiding a costly trial.
Dr Ryan tuned into the brief hearing via videolink where she was seen to annoyingly fidget about before turning off her camera.
In a 30-page document outlining the reasons for her decision, Judge Mortimer said Ms Rugg's arguments at trial about contraventions of the Fair Work Act may well succeed.
'If that is the case, then on the evidence as it will be at trial, she will be able to apply for an order for reinstatement,' she stated.
'The circumstances may well be quite different then, and the court would be proceeding on the basis that she has been wholly or largely successful in her allegations.'
'I do not consider the refusal of interlocutory relief occasions any prejudice to Ms Rugg in the final relief she seeks.'
Ms Rugg has foreshadowed an intention to add penalty claims against the Commonwealth, which are wider in scope and relate to allegations of a systematic tolerance for unreasonable working hours by all parliamentary staff.
The salary Ms Rugg accepted was $136,607. There was an additional Parliamentary Staff Allowance of $30,205 to account for the reasonable expectation of overtime, particularly during sitting weeks
In her decision, Judge Mortimer suggested the foreshadowed trial could revolutionise the way companies deal with overtime.
'Ms Rugg has foreshadowed an intention to add penalty claims against the Commonwealth, which are wider in scope and relate to allegations of a systematic tolerance (I infer, by the Commonwealth and those acting on its behalf) for unreasonable working hours by all parliamentary staff,' she stated.
'That claim may add another five to 10 days, as counsel for Ms Rugg accepted this was a much broader claim, involving more witnesses.'
Ms Rugg had accepted
