privacy canada labor-law
Employer suddenly decided to use finger prints for clocking in and out. Can I refuse?
<p>I work in a retail store with about 20 staff members. Usually 3-8 work at a time. The job isn't meant to be permanent and pays close to minimum wage. All of a sudden they are adding a fingerprint scanner to clock people in and out.</p>
<p>My question is, if I refuse to give them my fingerprints, can they do anything? My contract says I must give 2 weeks notice to quit but given how they sprung this on us, this wouldn't be possible.</p>
<p>Given the COVID pandemic, this sure seems like a strange time to be implementing such a thing.</p>

<h2>You can probably refuse</h2>
<p>A contract cannot be changed unilaterally unless the contract provides for unilateral change - its unlikely your contract does. In any event, the person with such a power of unilateral change has to exercise it reasonably.</p>
<p>It is an implied term of employment contracts that the employee must obey the lawful and reasonable directions of the employer. So the question is, is the requirement to use a fingerprint time clock both lawful and reasonable?</p>
<p>Well, at first blush, without genuine consent on your part (and &quot;do it or get fired&quot; is not genuine consent) this would appear to breach the <a href="https://en.wikipedia.org/wiki/Personal_Information_Protection_and_Electronic_Documents_Act" rel="noreferrer">Personal Information Protection and Electronic Documents Act</a>. The biometric data of your finger is personal information and, as such, it can only be collected with your consent.</p>
<p>A similar factual <a href="https://www.abc.net.au/news/2019-05-21/fingerprints-biometric-data-worker-wins-unfair-dismissal-case/11129338#:%7E:text=When%20Queensland%20sawmill%20worker%20Jeremy,just%20thinking%20about%20his%20privacy.&amp;text=Mr%20Lee%20represented%20himself%20before,Fair%20Work%20Commission%20%E2%80%94%20and%20won." rel="noreferrer">case</a> was decided in <a href="/questions/tagged/queensland" class="post-tag" title="show questions tagged &#39;queensland&#39;" rel="tag">queensland</a> (Note: the Australian law will be different in some ways from the Canadian law but they both require consent for collection) last year in that way.</p>
