CASE PROCEDURES – stay order – s.604 Fair Work Act 2009 – appeal – at first instance Commission found respondent was unfairly dismissed and ordered to pay compensation – appellant sought a stay order to pay compensation within 28 days – dispute concerned identity of employer – Commission found appellant was employer – Commission must be satisfied that party has arguable case or some prospect of success in order to issue a stay – grounds of appeal included that Commission had no jurisdiction as appellant did not employ respondent – Commission excluded appellant from hearing while respondent gave evidence in chief about employer – on appeal Commission satisfied first appellant had arguable case and was denied natural justice at first hearing – first appellant not provided with opportunity to cross-examine respondent at hearing – offered opportunity to cross-examine at second hearing – satisfied arguable case of denial of natural justice that permission of appeal may be granted – not satisfied balance of convenience favours granting a stay – no evidence given at hearing that payment of amount of monies would have any impact on business or financial status of business – decision to stay involves consideration of both limbs of test – arguable case denial of natural justice but also that any denial overcome by opportunity to cross-examine at second hearing – not satisfied stay warranted – application for stay dismissed. Appeal by Steric Solutions P/L and Anor against decision and order of Johns C of 29 September 2017 [[2017] FWC 5068] Re: Trialonas
