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In this case, the Industrial Court applied the provisions of Section 90A(2) Evidence Act 1950 on the inadmissibility of the attendance report generated from the computer as there was no certificate tendered in respect of the said report to prove that it was made in the course of the ordinary use of the computer. 

The Industrial Court took this approach despite Section 30(5) of the Industrial Relations Act 1967 which provides that the Industrial Court shall act according to "equity, good conscience and the substantial merits of the case without regard to technicalities and legal form. 

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For more insights into this area of law please contact our Partners in Employment & Industrial Relations Practice Group: P Jayasingam, Wong Keat Ching & Thavaselvi Pararajasingam