CASE PROCEDURES – stay order – ss.394, 589 Fair Work Act 2009 – applicant was employed as a casual care service employee – following an investigation, applicant was dismissed for striking a resident – filed application for unfair dismissal remedy – applicant’s representative filed application for stay order on the basis that applicant was facing criminal charges for assault and applicant would be departing for an overseas holiday – CFMEU v ACCC considered – criminal hearing would likely coincide with hearing held before the Commission – Commission found that there was no serious prejudice to respondent if order granted – application granted. Poposki v Warrigal Care t/a Coniston Nursing Home
