CASE PROCEDURES – stay order – ss.394, 604, 606 Fair Work Act 2009 – appeal – at first instance the Commission determined that the employee had been unfairly dismissed and ordered compensation in the amount of $18,323.04, less applicable taxation, to be paid within 21 days – the appellant has sought permission to appeal the decision and has also sought a stay of the whole of the order – grounds for appeal was that the appellant’s director was unable to attend what he described as the ‘rescheduled’ date of the hearing – in deciding whether to exercise its discretion to grant a stay order, the Commission must first be satisfied that the appellant has an arguable case with some reasonable prospects of success, both in respect of permission to appeal and the substantive merits of the appeal and the balance of convenience must weigh in favour of the order subject to appeal being stayed [Kellow-Falkiner Motors] – Commission has an express power to determine a matter before it in the absence of a person who has been required to attend before it – appellant was not denied an opportunity to defend the unfair dismissal proceeding brought against it – Commission not persuaded the appellant was denied natural justice – not satisfied the appellant had made out an arguable case, with some reasonable prospects of success, as to the merit of an appeal or as to permission to appeal – application for a stay dismissed. Appeal by Zalcom P/L t/a Zalcom against decision of Saunders C of 5 May 2017 [[2017] FWC 2499] Re: Ryan
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