Shock twist after alleged childcare ‘shaking’

EXCLUSIVE

An investigation into a Sydney childcare worker who allegedly “excessively shook” a nine-month-old child and put her in a storage room in an “attempt to get her asleep” while working at a major preschool chain has been dropped by police.

Sukhee Choi – also known as Sue – was fired from The Love Heart Early Education after allegedly shaking the baby at the company’s St Ives campus in Sydney’s upper north shore.

The incident is now the centre of a Fair Work Commission case which was heard this week after Ms Choi filed an unfair dismissal claim against the centre.

Love Heart Early Education St Ives is owned by HAA Education. The franchise also has centres in Turramurra and Hurstville.

Ms Choi was dismissed after the company’s director Boyang Han discovered the alleged incident while reviewing CCTV at the centre.

The FWC heard how Ms Han immediately referred the matter to the NSW Department of Education and to the NSW Police.

However, news.com.au can reveal that the investigation has since been dropped.

A spokeswoman for NSW Police said the matter was investigated by detectives at the State Crime Command Child Abuse Squad, however, the conduct did not “reach the criminal proofs for assault”.

“At this time there is no further action being taken,” she said.

In her case to the FWC, Ms Choi has argued she was not dismissed lawfully, asking the commission for an extension to file her claim.

Commissioner Damien Sloan granted her the extension, stating that while Ms Choi may struggle to prove the dismissal was “unjust” in the circumstances, it was not “without merit”.

He pointed out that Ms Choi did not deny the claims, however, sought to claim the conduct was not serious enough to amount to her immediate dismissal.

“She also submitted that the CCTV footage showed another employee of the centre being present at the time of the incident on 18 July 2024 and taking no action to intervene,” Commissioner Sloan said.

“She stated that this called into question the seriousness of Ms Choi’s alleged misconduct.”

During the case, the FWC heard from the NSW Education Department who, in their investigation, found the child was: “Excessively shaken and moved in a cot and isolated in a storage room in an attempt to get her to sleep”.

In a statement to news.com.au, the NSW Department of Education said inspectors visited the centre, interviewed Ms Choi, reviewed the CCTV footage and “thoroughly investigated the allegations” before delivering the findings.

The alleged incident first came to light on July 18 when a staff member reported that Ms Choi had allegedly put the child – who was inside a cot – into the storage room.

Ms Han watched the centre’s CCTV and said it showed Ms Choi shaking the child and the cot while the child was in it, the commission heard.

Ms Choi received a dismissal letter from the centre five days later.

The Commission also heard from HAA Education, who said that while Ms Choi may have not been given “procedural fairness” her conduct outweighed any “faults”.

“HAA conceded that Ms Choi was not afforded procedural fairness in the dismissal process,” Commissioner Sloan said.

“However, it contended that the Commission would not find that the dismissal was unfair as a result. Rather, the seriousness of the misconduct outweighed any procedural faults.”

HAA Education and Ms Choi did not respond to multiple requests for comment.

Know more? Contact our reporter sarah.keoghan@news.com.au.

Read related topics:Sydney