Michael Lawler secretly taped phone calls with his boss, Four Corners reveals

http://www.theguardian.com/australia-news/2015/oct/20/michael-lawler-secretly-taped-phone-calls-with-his-boss-four-corners-reveals

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The Fair Work Commission vice-president Michael Lawler, the partner of former Health Services Union boss Kathy Jackson, secretly taped phone conversations with his boss, an ABC TV report has revealed.

Lawler told Four Corners he had recorded telephone conversations with the Fair Work Commission president, Justice Iain Ross, to gather evidence to defend himself because of his role in preparing, while he was on sick leave, Jackson’s defence against allegations she defrauded the HSU of $1.4m.

Related: Kathy Jackson ordered to repay $1.4m to Health Services Union

He produced his psychiatrist’s report, which said he had a severe depressive episode and required time off work.

Lawler’s conduct is the subject of a federal government inquiry, to be headed by the former federal court judge Peter Heeley QC. This includes accusations that he took large amounts of sick leave, including nine months out of the past 12 – from his taxpayer-funded job while working on Jackson’s defence.

Ross has denied any suggestion he told Lawler his sick leave entitlements were unlimited. But Lawler produced a recording in which he says Ross said otherwise.

“I think your health is the first priority and there’s no … I mean, I’ll take responsibility for any amounts of sick leave you seek, there’s no cap or anything like that,” Ross allegedly told Lawler.

Lawler later told the ABC he had been secretly recording conversations with Ross since 2012. “It’s become necessary these last four years to assemble evidence,” he said. “I was a specialist fraud prosecutor; I understand the importance of evidence and maintaining it.”

He confirmed he worked on Jackson’s legal defence during nine months of sick leave but said the leave had been fully approved and his actions were above board. Asked how he thought Ross would react when he found out his conversations had been taped, Lawler said: “I imagine he will be very annoyed indeed.”

Next month Jackson is appealing against a federal court order to pay $1.4m to the union but the HSU is questioning the competency of her bid. In August she was ordered to pay $1,338,626 in damages and $67,912 in overpaid salary to the union after the federal court found she had used its money to prop up a lavish lifestyle.

Jackson set up an unauthorised slush fund which she used to pay for travel, groceries, entertainment and even her divorce, the court found.

In September she filed a notice of appeal. The court will hear her appeal in November after it hears the union’s objection.