NORWAY Law and Practice Contributed by: Thomas Talén, Øyvind Clausen Bade, Marte Dahl and Marianne Viset, Ro Sommernes Advokatfirma AS
ing HR internal investigation interviews. This right is considered fundamental to ensuring fair treatment and proper procedural safeguards. The support person may be a colleague, union rep - resentative, friend or family member. For employees who are union members, they typically have the right to be accompanied by their union representative. The choice of support person is generally left to the interviewee, subject to practical considerations and potential conflicts of interest. The support person’s role is primarily to provide mor - al support and assistance to the interviewee. They may help the interviewee understand questions, take notes, and provide emotional support during what can be a stressful process. The support person should not interfere with the investigation process or attempt to coach the interviewee’s responses. Investigators should inform interviewees of this right at the outset and allow reasonable time for the inter- viewee to arrange for representation if desired. The presence of a support person should not delay the investigation unreasonably, but investigators should accommodate reasonable requests for accompani - ment. The support person must agree to maintain confiden - tiality regarding the investigation and should not have conflicts of interest that could compromise the inves - tigation’s integrity. Lawyer Interviewees have the right to be accompanied by a lawyer during interviews in HR internal investiga - tions. This right is considered fundamental to ensuring proper legal safeguards and due process protection for individuals who may be affected by the investiga - tion’s outcome. Employers must inform interviewees of their right to legal representation at the outset of the investigation process. This information should be provided in writ - ing when scheduling interviews, allowing sufficient time for the interviewee to arrange legal counsel if desired.
For employees who are Respondents, the employer typically covers reasonable legal fees. This obligation stems from the principle that employees should not bear a personal financial burden when co-operating with workplace investigations related to their employ - ment duties. Legal representatives may attend interviews but gen - erally observe rather than actively participate in ques - tioning. The lawyer’s role is primarily to advise their client and ensure procedural fairness. Investigators should accommodate reasonable requests from legal counsel regarding interview procedures while main - taining the investigation’s integrity and efficiency. 3.7 Information Norwegian practice requires investigators to provide specific information to interviewees both at the start and at the end of interviews to ensure procedural fair - ness and transparency. At the start of interviews, investigators should provide: • information about the background and purpose of the investigation; • details about the mandate and scope of the inves - tigation; • explanation of the interviewee’s rights, includ - ing the right to legal representation and the right against self-incrimination, explaining that they are not obligated to provide information that could expose them to criminal liability; • information about how the interview will be con - ducted and documented; • details about confidentiality obligations; and • explanation of how the information provided may be used in the investigation. Ideally, this information should also be provided in writing before the interview to allow the interviewee time to prepare and seek advice if needed. For Respondents, additional information must be pro - vided, including details about the specific allegations they may face and sufficient information to allow them to understand and respond to the concerns.
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