A childcare Educator in Sydney has been charged with allegedly "excessively shaking" a nine-month-old girl before abandoning her cot in a storage room in a "attempt to get her to sleep." The Educator has now filed a claim for dismissal against HAA Education Pty Ltd, the center's owners, claiming that her termination was unfair.
When a staff member reported that Ms. Choi (the Educator in question) had placed the infant, who was in a crib, in the storage area on July 18. According to Boyang Han, director of HAA Education, who viewed the center's CCTV footage, Ms. Choi was seen shaking the child and the crib while the youngster was inside.
Ms Choi received a dismissal letter from the centre five days later.
Ms. Han informed the child's parents and forwarded the case to the NSW Police, the Office of the Children's Guardian, and the NSW Department of Education.
On Monday 11th November, the Fair Work Commission heard the case. Ms. Choi requested an extension so that she could bring an unfair dismissal claim.
The child was "excessively shaken and moved in a cot and isolated in a storage room in an attempt to get her to sleep," according to a letter the commission received from the NSW Department of Education.
The extension was approved by Commissioner Damien Sloan, who stated that although Ms. Choi could have difficulty proving her dismissal was "harsh, unreasonable, or unjust," he could not find it to be "wholly lacking in merit."
Commissioner Sloan also noted that Ms. Choi did not refute the allegations; rather, she contended that her dismissal was unjust.
"Ms. Choi did not present evidence about the case's merits. She included the information in her application for an unfair dismissal," he said.
She further said that the CCTV film demonstrated that another center employee was present at the incident on July 18, 2024, but did nothing to stop it.
"This raised doubts about the gravity of Ms. Choi's alleged misconduct," she said.
HAA Education also testified before the panel, stating that although Ms. Choi might not have received "procedural fairness," her actions were more important than any "faults."
Commissioner Sloan said, "HAA submitted that it would be difficult to imagine a more fundamental breach of the duties of an educator in a childcare center."
"HAA acknowledged that the dismissal procedure did not provide Ms. Choi with procedural justice.
Nonetheless, it argued that the Commission would not conclude that the dismissal was unjust because of this. Instead, any procedural errors were overwhelmed by the gravity of the misbehavior.
What Happens When You Excessively Shake A Baby
Shaken baby syndrome is a serious brain injury resulting from forcefully shaking an infant or toddler. It's also known as abusive head trauma, shaken impact syndrome, inflicted head injury or whiplash shaken infant syndrome.
Shaken baby syndrome destroys a child's brain cells and prevents his or her brain from getting enough oxygen. This form of child abuse can cause permanent brain damage or death.
While sometimes there's bruising on the face, you may not see signs of physical injury to the child's outer body. Injuries that might not be immediately seen include bleeding in the brain and eyes, spinal cord damage, and fractures of the ribs, skull, legs and other bones. Many children with shaken baby syndrome show signs and symptoms of prior child abuse.
In mild cases of shaken baby syndrome, a child may appear normal after being shaken, but over time they may develop health or behavioral problems.
References:
Sydney Childcare Worker Alleged Shook Baby In CCTV Footage, Sarah Keoghan, News.Com.Au, November 14th 2024
Shaken Baby Syndrome, Maya Clinic