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ARTICLE · 23 FEBRUARY 2020

Digital clock in, clock off systems present significant privacy data collection issues for employers

Cooper Grace Ward
Cooper Grace Ward
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Cooper Grace Ward

Cooper Grace Ward

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Any new systems and methods for the collection and use of sensitive employee information must be legally compliant.

AustraliaEmployment and HR
Annie Smeaton
Annie Smeaton
Gemma Sharp
Gemma Sharp
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Employers have managed employees for many years relying on the employee records exemption contained in the Privacy Act. However, in the recent case of Lee v Superior Wood [2019] FWCFB 2946, the Full Bench of the Fair Work Commission (FWC) turned the common understanding of the employee records exemption on its head.

In this case, Superior Wood introduced biometric (fingerprint) scanners to log the start and finish times of employees. Mr Lee, an existing employee of Superior Wood, refused to register his biometric data and refused to use the system. A site attendance policy was put into place, requiring all staff to use the new system. After a series of meetings and ongoing refusal by Mr Lee to use the biometric scanning system, Superior Wood dismissed him for failing to comply with a reasonable and lawful direction.

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Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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