Break gives Michael Lawler a chance to tackle David Rofe case

Michael Lawler called an adjournment at the same time he was dealing with business related to David Rofe.

Fair Work vice-president Michael Lawler in Sydney. Picture: John Feder.

Fair Work Commission vice-president Michael Lawler yesterday called a temporary adjournment of an unfair dismissal hearing at the same time he was dealing with private business related to David Rofe QC, a rich elderly barrister with dementia.

Mr Lawler adjourned the morning Fair Work hearing in Sydney to provide an opportunity for opposing sides in the unfair sacking case of a property supervisor to reach a settlement. No settlement was reached, and the hearing resumed later with company representatives of Investa Office Management and sacked employee Isak Koltser.

During the adjournment, Mr Lawler, who has been embroiled in a sick leave controversy, left courtroom 15.1 in Sydney’s William Street. He joined talks conducted by telephone that had already started, battling on the opposite side of an alleged Rofe friend, Nick Illek, in matters related to Mr Rofe.

Mr Lawler has been involved in the affairs of Mr Rofe since he suffered a dementia-related breakdown in late 2012.

From June 2013 until August last year, Mr Lawler helped with Mr Rofe’s finances. He also used a power of attorney for the elderly barrister to buy more than $2 million of property in Mr Rofe’s name. One of two residences bought by Mr Lawler for Mr Rofe last year is next to the house Mr Lawler owns at Wombarra, south of Sydney, with his partner, former union whistleblower Kathy Jackson.

In yesterday’s Rofe discussion, Mr Illek also took part remotely by telephone. Mr Illek claims to be a friend of Mr Rofe, and supports estranged Rofe friend Nick Llew­ellyn, who claims to have been a “virtual son, dependant and close friend of Mr Rofe”.

Mr Lawler was previously on the same side as Mr Llewellyn and Mr Illek, but they fell out during a battle for control of Mr Rofe’s $30m fortune. Mr Rofe needs full-time nursing care.

Mr Illek backs Mr Llewellyn’s attempts to see Mr Rofe after being told he cannot visit the 83-year-old at his home.

Mr Lawler, who has continued to visit Mr Rofe, often in the company of Ms Jackson, disagrees with Mr Illek. Ms Jackson, who was ordered last month to repay $1.4m stolen from the Health Services Union, is a potential beneficiary of $3m in one of Mr Rofe’s wills.

The Australian yesterday asked Mr Lawler by email if he took the initiative in seeking an adjournment of the unfair dismissal hearing so Mr Koltser and his former employer might reach a settlement. He had not responded by The Australian’s publication time.

The Australian does not suggest Mr Lawler acted inappropriately.

Sources involved told The Australian that Mr Lawler had said the adjournment initiative came from parties in the dismissal dispute. Attempts to seek confirmation from Investa’s human resources general manager, Paul Fletcher, and former employee Mr Koltser were not successful as The Australian was prevented from doing so in the public area of the Fair Work Commission by Mr Lawler’s associate and by a security guard.