Big question in legal case against federal MP
A legal stoush between federal MP Monique Ryan and political staffer Sally Rugg is not necessarily linked to current Parliament House staff workload issues, a government minister has said.
Ms Rugg has taken her boss and the Commonwealth of Australia to the federal court, claiming she was unlawfully dismissed. The matter is currently before mediation.
In an application filed with the court, Ms Rugg alleges she was denied her workplace right to refuse to work “unreasonable” additional hours and that the Commonwealth engaged in “hostile conduct”.
Officials from the Department of Prime Minister and Cabinet, and Finance Minister Katy Gallagher were grilled on the matter during a senate estimates hearing on Tuesday.
First assistant secretary Kimberly McDonald confirmed PM&C had not sought out or received advice about the implications the case could have should mediation fail.
When asked, Senator Gallagher did not want to link the case to crossbench concerns about political staffer workloads.
“That case is a matter that’s underway, being dealt with through various processes … I don’t think it’s fair to say that (case) and the across the board staffing issue are necessarily one and the same,” she told the hearing.
The minister added she wanted the overall issue of staff workloads to be resolved by a planned review to be undertaken by the Office of Parliamentarian Staffing and Culture.
The independent inquiry was a recommendation of last year’s review into the law that regulates the work arrangements for staff of federal parliamentarians, itself a recommendation of Sex Discrimination Kate Jenkins’ 2021 Set the Standard report.
But the probe cannot begin until the government legislates to establish the OPSC – the HR model recommended by Ms Jenkins.
Greens senator Larissa Waters questioned if it was appropriate that staff who work “impossible hours” will have to await the outcome of yet another review before action is taken.
“We are getting the legislation drafted. That is a priority, to get the PWSS (Parliamentary Workplace Support Service) enhanced or the new HR entity in place as soon as we can,” Senator Gallagher replied.
“But the Members of Parliament Staff act review recommended that (OPSC) conduct that review … because the legislation will establish them as an independent entity.
“I think that is the appropriate place for that work to be done. I think the key is trying to get the legislation in place, and agreed as soon as we can.”
Asked if PM&C was considering any interim measures, Ms McDonald said it was a matter for the government.
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