The independent MP Monique Ryan and her chief of staff, Sally Rugg, will spend two more weeks trying to solve an impasse about Rugg’s legal claims regarding working conditions, after a “robust exchange of views” over four hours failed to settle the case.
In a short hearing in the federal court in Melbourne on Friday, Nick Harrington, acting for the commonwealth, said his client, along with lawyers for Ryan and Rugg, were in agreement that there should be further mediation in the case.
A previous court order, which ensured Rugg remains employed by Ryan and paid miscellaneous leave, prevented the publication of further court documents regarding the case. The order will be in place until 3 March, when the case returns to court.
Rugg had sought an injunction to keep her job with the member for Kooyong, alleging a breach of the Fair Work Act’s general protections provisions, while a broader legal claim relating to her employment was settled.
Rugg has accused the commonwealth of “hostile conduct” and claimed Ryan caused her to be terminated for refusing to work “unreasonable” additional hours.
Harrington said the parties were attempting to resolve the entire claim in mediation.
He said that after four hours of mediation on Thursday and a “robust exchange of views … ranging across all issues, everything was touched upon, but the focus was on mainly the substantive matters”. An agreement could not be reached, he said.
He had “great optimism” that two more weeks would allow the “parties to develop the path we were walking on yesterday”.
Justice Debra Mortimer agreed to the orders, but cautioned that after this adjournment there may be a need to resolve Rugg’s application regarding her employment.
“That’s a month of negotiations and it should be adequate, and then it might come to a fork in the road about whether the interlocutory application is pressed,” Mortimer said.
