Former Fair Work Commission vice-president Michael Lawler might have jumped ship but he could also have been tossed overboard by parliament, a report has found.
An investigation found there was cause for his dismissal because he did not fully disclose his personal relationship with former Health Services Union boss Kathy Jackson, and for unlawfully recording phone conversations later aired on the ABC's Four Corners program.
However, it found he shouldn't have lost his job for taking extended periods of sick leave.
The conclusions were reached by former Federal Court judge Peter Heerey, who the federal government charged with conducting an investigation into Mr Lawler.
His report, parts of which have been blacked out, was tabled in parliament on Tuesday by Employment Minister Michaelia Cash.
Mr Heerey concluded there was a reasonable basis for both houses of parliament to consider requesting the governor-general remove Mr Lawler from his position on grounds of proved misbehaviour and incapacity.
His stated reasons were:
* Mr Lawler's failure to disclose his relationship with Ms Jackson during conciliation conferences in August 2008 during which she appeared for one of the parties. It was five months after the pair started a personal relationship.
* Mr Lawler's involvement in the Four Corners program and the matters broadcast during it.
That participation was behaviour of a standard far below that which the Australian public was entitled to expect from a person holding his office, Mr Heerey said.
Among other things, he unlawfully recorded and broadcast a telephone conversation with commission boss Justice Iain Ross.
"In doing so he displayed personal ingratitude and disloyalty. This conduct was dishonourable."
Mr Lawler also demonstrated feelings of "suspicion and hostility" toward trade unions and "gratuitously disparaged the (Fair Work Commission), and also used offensive language".
But Mr Heerey said Mr Lawler's assistance in helping Ms Jackson prepare for appearances before the royal commission into trade union corruption and a Federal Court case while he was on sick leave did not provide a reasonable basis for him to lose his job.
His absences from work were also "reasonable" in light of his mental illness of "considerable severity" that was supported by an appropriately qualified specialist.
The investigator received a lengthy email from Mr Lawler on January 27 - nearly three weeks before he provided his final report to government.
Mr Lawler proposed he resign and claimed the Four Corners program was not a fair representation of the information he conveyed to the ABC.
Mr Lawler tendered his resignation to Governor-General Sir Peter Cosgrove on March 3, leaving his $435,000-a-year post immediately.
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