Thi Cam Linh Nguyen v The Hive Sunshine Pty Ltd (I9 Education)
Citation: [2025] FWC 3778
At a glance
- Employees affected
- 1
What happened
The Applicant commenced employment with The Hive Sunshine Pty Ltd, trading as I9 Education, in 2023. She worked as an educator. The applicant made an application to the Fair Work Commission seeking a remedy for unfair dismissal. The Commission’s focus was on whether the Respondent had a valid reason for the dismissal and whether the dismissal was harsh.
What was decided
The Fair Work Commission found that the Respondent did not have a valid reason for dismissing the applicant. The Commissioner stated that the Respondent’s actions were not proportionate to the alleged misconduct. The Commission ordered that the Applicant be reinstated to her former position and backpay be calculated to the date of the decision. The Applicant is to be paid her normal wages and superannuation.
What it means for employers
Employers must have a valid reason for dismissing employees. Any disciplinary action must be proportionate to the alleged misconduct. A fair process should be followed before dismissal.
What it means for employees
Employees who believe they have been unfairly dismissed should consider applying to the Fair Work Commission. The Commission can order reinstatement and backpay if a dismissal is found to be unfair.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3778.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + advisor access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →