Given the worker’s low earnings in 2011, it appears likely that if the employer paid the worker the amount it has been ordered to pay, the worker would not be in a position to subsequently repay the funds if the employer is successful in its appeal. I consider that the employer would face a risk of irreparable harm in this situation, for the reasons set out in Bancroft-Wilson v. Murphy (quoted above). This factor favours the granting of a stay.
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