FINLAND Law and Practice Contributed by: Anu Waaralinna, Jukka Paloheimo, Oskari Lindholm and Elmiira Kutvonen, Roschier
3.5 Neutral Party Since the interviews and the parties present during them are not regulated by any specific provision, there are no instances in which a neutral third party must be present. Furthermore, since HR internal investigations are carried out within companies or other organisa - tions and are not regulated, the person conducting the investigation determines whether a neutral third-party witness should be allowed at the interview. 3.6 Support Person and/or Lawyer Interviewees are typically permitted to be accompa - nied by a support person and/or a lawyer, and occa - sionally they request this option. Although there are no specific provisions relating to interviewees’ rights, the person conducting the HR investigation (for exam - ple, internal HR or external counsel) will usually allow interviewees to be accompanied by a support person/ lawyer, and this is generally encouraged. 3.7 Information At the beginning of the interview, the interviewer will typically explain the background and purpose of the interview and the investigation as a whole, as well as the procedures that will be used. The possible inten - tion to record the interview should also be stated before the interview starts. 3.8 Stopping the Interview Should the interviewee wish to end the interview, it is at the interviewer’s discretion as to whether the interview should be stopped. However, as the person conducting the investigation is unable to use coer - cive measures to ensure the interview continues, it is advisable to pause the interview and resume it as soon as possible. There are no provisions in place that would prevent the interview from continuing via Teams or Zoom, for example. An experienced investigator establishes trust with everyone they interview during an investigation. A positive atmosphere of mutual trust is vital for effec - tively executing the investigation. Such an environ - ment is likely to reduce the likelihood of interviewees wanting to end the interview.
the proposed witnesses is necessary considering the scope of the investigation. In addition, the investiga - tor may, at their own discretion, decide that additional persons not proposed by either party should also be interviewed during the investigation. Usually, these additional persons are mentioned during the first inter - views. It is ultimately the investigator’s responsibil - ity to identify and determine who possesses relevant information and who will be interviewed. The number of witnesses in an HR internal investigation therefore Unlike a civil litigation case, where a person is com - pelled to testify under the threat of a fine, an internal investigation is not a formal process carried out by the authorities. If the interviewee is an employee of the organisation where the investigation takes place, the employer may use its right to direct work and order the person to participate. varies significantly. 3.2 Participation If an interviewee is not employed by the employer conducting the investigation, the employer is unable to compel their participation. The decision to par - ticipate is therefore at the discretion of the external individual. However, their participation can be encour - aged by explaining the importance of the investigation and taking enough time to explain the investigation process, so that nothing remains unclear. 3.3 Format Interviews within an HR internal investigation can be carried out remotely via, for example, Teams or Zoom. In contrast to court proceedings, there are no restric - tions on the methods used to conduct interviews. 3.4 Interviewers There are no specific rules concerning the inter - viewers. The appropriate number and identity of the interviewers depend on the scope and extent of the investigation. To ensure first-hand information, the investigator should be present in the interviews. In practice, it is usually recommended to have (at least) two interviewers, and larger investigations may require additional interviewers. It is important to have a suf - ficient number of interviewers, especially if interviews cannot be recorded, to ensure that the investigation remains objective and accurate.
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