This is an extract from the Fair Work Commission’s unfair dismissal benchbook which is a summary of an unfair dismissal case decided by Commission about the use of the mandatory fingerprinting of staff.
“Lee v Superior Wood Pty Ltd [2019] FWCFB 2946 (Sams DP, Gostencnik DP, McKinnon C, 1 May 2019).
The applicant was employed as a casual general hand. A new company policy introduced fingerprint scanners to record work site attendance. The employees were advised to register their finger prints to record site attendance.
The applicant submitted that biometric data is sensitive personal information under the Privacy Act 1998 (Cth) and the employer was not entitled to require that information. The employer addressed the applicant’s concern by providing a document from the supplier explaining the nature of the data collected. The employer issued the applicant with a verbal warning and written warnings due to his non-compliance with the new company policy. The applicant was subsequently dismissed because of his refusal to use the biometric fingerprint scanner.
The Full Bench found that the applicant was unfairly dismissed and held that the direction to comply with company policy was unlawful (because it was in breach of the Privacy Act), and that the applicant was entitled to refuse to follow the direction.”