FINLAND Law and Practice Contributed by: Anu Waaralinna, Jukka Paloheimo, Oskari Lindholm and Elmiira Kutvonen, Roschier
duct. It is possible that this issue could be subject to separate litigation under the Non-Discrimination Act (1325/2014). 4.2 Protection of the Respondent As an investigation will be conducted on the basis of impartiality and objectivity, it is essential that the respondent is given a genuine opportunity to respond to the allegations made against them and to provide evidence. Due to the nature of HR investigations and the sensitive matters they deal with, the initiation of an HR investigation is kept confidential to ensure the protection of the individual’s reputation. 4.3 Measures Against the Respondent Prior to concluding the HR investigation, the employ - er may take lawful disciplinary actions against the respondent, but the employer is responsible for the risk of measures being disproportionate. The employ - er can, for example, issue a written warning or ter - minate the employment if the grounds stated in the Employment Contracts Act (55/2001) are present. For instance, if it becomes clear before or during the investigation that there are clear grounds for termina - tion of employment (with or without notice) and that termination is urgent in order to protect the report - er’s health and safety at work, it may be advisable to terminate the employee’s employment before the investigation has officially concluded. All disciplinary measures must be justified on a case-by-case basis. There is a risk that such measures will later be deemed unlawful, retaliatory or even discriminatory. At the same time, neglecting necessary measures is also risky; for example, if the employer is considered not to have acted in a timely manner once it was informed of the relevant circumstances. The measures described in 4.1 Protection of the Reporter may also apply for or against the respond - ent, but they should similarly not be or seem retalia- tory. 4.4 Protection of Other Employees Pursuant to Section 8 of the Occupational Health and Safety Act (738/2002), the employer is obliged to take the necessary measures to ensure the health and safety of their employees, including those who are
not actual parties to the investigation. To this end, the employer must consider factors relating to the work performed, working conditions and other aspects of the working environment, as well as the personal cir - cumstances of individuals. This may include meas - ures such as remote working and other work-related arrangements, including appointing a new supervisor. Failure to protect employees may result in criminal charges for the employer and its management in accordance with Chapter 47, Section 1 of the Penal Code (39/1889). As there is a legal obligation to pro - tect employees, there will be no adverse consequenc - es for taking such protective measures. The measures described in 4.1 Protection of the Reporter may also apply for or against other employ - ees, but they should similarly not be or seem retali- atory. 5. Procedural Requirements and Proof 5.1 Requirements With regard to procedural guarantees, it should be noted that internal HR investigations are not governed by any specific statute, such as in the Code of Judicial Procedure (4/1734). HR investigations are the com - pany’s own internal proceedings, but they are often conducted by an external investigator. This ensures an impartial and independent view free from the influ - ence of the company’s structures and reporting lines. Although there are no binding procedural rules, there are some recommended best practices. It should be emphasised that no pressure of any kind should be exerted. As a result, the use of support persons or legal advisers should be viewed positively. The respondent needs to have all relevant information on the allegations made against them. Furthermore, all of the investigation material that the conclusions are to be based on should be transparent and visible for both parties. For internal HR investigations to be effective and rel - evant in the context of potential legal proceedings, such as wrongful termination litigation, it is essential that they be conducted with the utmost impartiality
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