s.394 - Application for unfair dismissal remedy

s.590(2)(c) - Application for an order requiring a person to produce documents, records or other information tothe Commission.

• [1] Thi Cam Linh Nguyen (the applicant) has applied for an unfair dismissal remedy where she says that she was unfairly dismissed by the respondent, The Hive Sunshine Pty Ltd. The applicant was an educator at a childcare centre. The respondent dismissed her on the grounds of serious misconduct.

• [2] The applicant has applied for the Commission to order that the respondent produce:

1. CCTV footage relating to an incident on 30 June 2025 that formed the basis of its reasons to dismiss the applicant; and

1. Documents and records relating to an incident in 2023 that involved other educators who were not dismissed for conduct that was comparable to the incident on 30 June 2025.

• [3] I have formed the view that ordering the production of the CCTV footage and some (but not all) of the requested documents would assist me to inform myself in relation to the applicant's application for an unfair dismissal remedy. The CCTV footage is directly relevant and highly probative material in relation to whether the respondent had a valid reason for dismissing the applicant. The material in relation to the incident in 2023 is relevant to whether the respondent's decision to dismiss the applicant is inconsistent with its prior decisions in comparable circumstances. However, I do not consider that all the material requested is required. The materials that I have ordered go to informing me about the incident in 2023 and what action the respondent took, and I am of the view that it should be sufficient to inform me about whether the incident was materially comparable and whether the respondent's treatment of the other educators was materially different.

• [4] The respondent rightfully raised concerns regarding privacy of the children and other parties in the CCTV footage and material relating to the 2023 incident. I consider that it is desirable to make a confidentiality order under s 594 of the Act to ensure that the material is used only for the purposes of these proceedings (and any related appeal) and that the identity of the children and other persons who are not parties or witnesses in these proceedings is not disclosed.[1]

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