Michael Lawler has resigned as the vice-president of the Fair Work Commission a day before he was due to respond to a report investigating his use of sick leave.
The employment minister, Michaelia Cash, confirmed Lawler had notified the governor general of his resignation, which “commences with immediate effect”, she told the Senate on Thursday.
He had been the subject of a four-month investigation by former judge Peter Heerey over his use of sick leave while on a $435,000 salary.
At the time the investigation was announced in October Lawler had taken about nine months of the past year as leave.
Concurrently he was also assisting his partner, Kathy Jackson, fight allegations she had embezzled money from the Health Services Union, which she led.
Lawler had until Friday to respond to the report, received by the government in February.
The independent investigation also looked into complaints made against Lawler to the government, the Fair Work Commission’s internal investigation processes and his management of any potential conflicts of interest.
Lawler revealed in October he had been secretly taping conversations with his boss, the commission’s president, Ian Ross, since 2012, should he ever need to clear his name.
On Wednesday the body of a 40-year-old man, who police said died of natural causes, was found at the NSW south coast home Lawler shares with Jackson.
Jackson was last year ordered to pay $1.4m after the federal court found she had used union money on unauthorised expenses including clothing, overseas trips, hotels and mortgage repayments.
Had he not resigned a vote in both houses of parliament would have been required to remove Lawler from the position.
