NORWAY Law and Practice Contributed by: Thomas Talén, Øyvind Clausen Bade, Marte Dahl and Marianne Viset, Ro Sommernes Advokatfirma AS
that no unauthorised persons are present during the interview either digitally or physically; and • the ability to properly identify the interviewee and ensure they are speaking freely. When conducting remote interviews, investigators should ensure that appropriate technical safeguards are in place, including secure platforms, proper iden - tification procedures and clear protocols for record - ing and documentation. The same procedural rights and protections that apply to in-person interviews, including the right to legal representation and protec - tion against self-incrimination, apply equally to remote interviews. Interviewees should be informed in advance if the interview will be conducted remotely and should be given the opportunity to request an in-person meeting if they have concerns about the remote format. The meeting may be digitally recorded for transcript/ minutes (see 3.9 Minutes ). 3.4 Interviewers Norwegian practice does not prescribe specific rules regarding the number of interviewers or their char - acteristics, but several practical considerations guide best practice. Typically, interviews are conducted by two investi - gators to ensure proper documentation and provide mutual support during the process. This approach also helps maintain objectivity and reduces the risk of misunderstandings or disputes about what was said during the interview. While there are no mandatory rules about interviewer gender, investigators should be sensitive to the nature of the allegations. For example, in cases involving sex - ual harassment or gender-based discrimination, it may be appropriate, if possible, to include an interviewer of the same gender as the complainant or to offer the interviewee a choice in this regard. Objectivity and independence are fundamental requirements for all investigators. They must be free from conflicts of interest and should not have personal relationships with the parties involved. This should
also be addressed at the outset of the interview so that the interviewee may comment on this. Investi - gators should possess appropriate competence and experience in conducting workplace investigations. Seniority considerations may be relevant depend - ing on the organisational context and the level of the individuals involved in the investigation. However, the primary focus should be on ensuring that investigators have the necessary skills, independence, and author - ity to conduct a thorough and fair investigation. 3.5 Neutral Party While Norwegian practice does not generally require the presence of a neutral third party during investi - gation interviews, there are specific circumstances where such presence may be advisable or necessary. A neutral witness may be appropriate in particular - ly sensitive cases, such as those involving serious allegations of sexual harassment, violence, or other criminal conduct. The presence of a neutral party can help ensure proper conduct during the interview and provide additional documentation of the process. In some cases, organisational policies or collective bargaining agreements may require or permit the presence of a neutral observer, such as a representa - tive from HR, the health and safety representative, or a union employee representative, particularly when interviewing employees who are union members. The decision to include a neutral third party should balance the need for thorough investigation with the comfort and rights of the interviewee. If a neutral party is present, their role should be clearly defined and limited to observation rather than active participation in the questioning process. Any neutral third party must be bound by the same confidentiality requirements as the investigators and should not have any conflicts of interest related to the matter under investigation. 3.6 Support Person and/or Lawyer Support Person Under Norwegian law and practice, interviewees have the right to be accompanied by a support person dur -
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