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Political staffer Sally Rugg will use her unfair dismissal declare in opposition to a federal MP as a take a look at case in what constitutes “affordable” extra time for Australian staff, her lawyer says.
Teal MP Monique Ryan and her chief of employees will return to the Federal Courtroom in Melbourne on Friday, after non-public negotiations didn’t resolve their dispute.
The courtroom will determine whether or not she ought to maintain her job whereas she pursues her unfair dismissal declare in opposition to Dr Ryan and the Commonwealth.
Two prior pressing hearings have been adjourned to permit the events to enter mediation, nonetheless Justice Debra Mortimer warned that Ms Rugg’s interlocutory utility would have to be resolved quickly.
Ms Rugg has alleged she was sacked for refusing to work unreasonable hours and is looking for compensation and pecuniary penalties from each events.
Her lawyer Josh Bornstein stated Ms Rugg will add claims of “critical contraventions” of the Truthful Work Act in opposition to the Commonwealth to her dispute. If confirmed, it carries a penalty of as much as $660,000.
He alleged Dr Ryan publicly acknowledged her employees have been working 70-hour weeks, and that the Commonwealth had been on discover for a few years in regards to the “illegal extreme hours” parliamentary employees confronted.
“Ms Rugg’s case will likely be a take a look at case for what constitutes ‘affordable’ extra time or further hours for parliamentary employees and should affect different white-collar staff within the labor market,” Mr Bornstein stated.
If her case succeeds, he stated it may open the door for additional lawsuits for “each Australian employee experiencing exploitation due to a contractual obligation to carry out undefined ‘affordable further hours'”.
