Perth. A café manager dismissed for serious misconduct after alleged cash bags went missing has had her unfair dismissal case put on hold while related alleged criminal charges are dealt with.
Where: Perth
Case name: Ashleigh Winikerei v Kaldome Investments Pty Ltd ATF Kaldome Unit Trust [2025] FWC 2240
Date of decision: 31 July 2025
Link to full case: Click here to view decision
Who: Ashleigh Winikerei, café manager at Dome café in Secret Harbour
What: Dismissed after being accused of alleged misconduct involving cash bags, while also facing an alleged criminal charge of stealing as a servant
Outcome: Fair Work Commission stayed the unfair dismissal case until after the alleged criminal trial is heard
Legal Principle/s:
• Where alleged criminal charges overlap with the facts of an unfair dismissal claim, proceedings may be stayed to ensure a fair hearing.
• A stay may be granted where proceeding with the dismissal claim could prejudice a fair outcome or force self-incrimination.
Commentary:
This case shows that when a dismissal is linked to alleged criminal conduct, the Commission can pause the unfair dismissal process to avoid unfairness or legal risk to either party.
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