0408 802212 david@kiddslaw.com

Biometric Fingerprint Scanner Policy Objected To By Worker

Employee Lawfully Dismissed For Failing To Use Biometric Fingerprint Scanner to Record Site Attendance

In Lee v Superior Wood P/L [2018] FWC 4762 Mr Lee was given several warnings his failure to follow the site attendance policy, which involved using a biometric fingerprint scanner, would result in his dismissal. Mr Lee had privacy concerns. The Commission held the policy was not unlawful but “the manner in which the employer went about trying to obtain consent may have constituted a breach of the Privacy Act” @233 and further Mr Lee’s “objection was unreasonable when taking into consideration the purposes of the Site Attendance Policy, the improvements to payroll and health and safety, and the alternatives that would have been required to have been put in place for him” @245. Valid reason for dismissal found and dismissal upheld as lawful.