| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 317/04 |
| Hearing date | 24 Sep 2004 |
| Determination date | 28 September 2004 |
| Member | D King |
| Representation | T McGinn ; D Barnes (in person) |
| Location | Auckland |
| Parties | PMP Print Ltd v Barnes |
| Summary | DISPUTE - Whether applicant's instruction that respondent comply with timekeeping process involving finger scanning technology was lawful, reasonable and in accordance with employment agreement - Scanning unit stored mathematical representation only which could not reconstruct fingerprint - Employment agreement stated employees were required to complete all time and wage records as required by applicant - Wording sufficiently broad and general to encompass finger scanning system - Respondent refused to use system on religious grounds - Alleged taking of biometric information would result in being stamped with Mark of the Beast according to Bible - Fact that respondent would allow police to take fingerprint inconsistent with sincere religious belief - Respondent could not sustain argument of indirect discrimination on basis of religious belief - Privacy Commissioner of view that collection of mathematical representation of fingerprint both lawful and necessary - Instruction lawful, reasonable, and formed part of employment agreement |
| Result | Application granted ; Question answered in favour of applicant ; Costs reserved |
| Cases Cited | Case Note 33623 [2003] NZPrivCmr 5 |
| Number of Pages | 2 |
| PDF File Link: | aa 317_04.pdf [pdf 15 KB] |