NORWAY Law and Practice Contributed by: Thomas Talén, Øyvind Clausen Bade, Marte Dahl and Marianne Viset, Ro Sommernes Advokatfirma AS
3.9 Minutes Minutes are routinely taken during interviews in Nor - wegian HR internal investigations and specific pro - cedures should be followed to ensure accuracy and fairness. Summary minutes are generally acceptable and com - monly used, as they capture the essential content of the interview without requiring verbatim transcription. The minutes should accurately reflect the key points discussed, questions asked, and responses given. Interviewees have the right to review the minutes of their interview. This right is fundamental to ensuring accuracy and providing an opportunity for correc - tion or clarification. The Norwegian Bar Association’s guidelines emphasise that interviewees should be given access to review their interview documentation. Interviewees should be provided with a reasonable opportunity to comment on the minutes and to sug - gest corrections or additions. Where the interviewee disagrees with the content or wishes to add clarifica - tions, these should be noted in the final version of the minutes. While interviewees are not typically required to sign the minutes, they may be asked to confirm their accu - racy or provide written comments. Any corrections or additional remarks from the interviewee should be incorporated into the final documentation. There is no specific requirement for an external party to take minutes, but the person taking minutes should be independent of the subject matter and maintain appropriate confidentiality. In practice, minutes are often taken by one of the investigators or an adminis - trative assistant who is bound by confidentiality obli - gations. The minutes should be prepared promptly after the interview and provided to the interviewee within a rea - sonable timeframe for review and comment. 3.10 Recording Interviews in Norwegian HR internal investigations may be recorded, and this practice is becoming increasingly common. Recording provides an accu -
At the end of the interview, investigators should explain the next steps in the process, including how minutes will be prepared and the interviewee’s right to review and comment on the documentation. 3.8 Stopping the Interview Where an interviewee requests that an interview be stopped, investigators must respect this request and handle the situation appropriately. Interviewees have the right to pause or terminate an interview at any time, particularly if they feel over - whelmed, need time to consult with legal counsel, or require a break for personal reasons. This right is fun - damental to ensuring that the investigation process remains fair and does not become coercive. When an interviewee requests to stop, investigators should: • immediately cease questioning and respect the request; • document the time and circumstances of the inter - ruption; • discuss with the interviewee whether they wish to reschedule the interview and ascertain whether they are declining to participate further; • allow reasonable time for the interviewee to seek legal advice if requested; and • ensure that no pressure is applied to continue against the interviewee’s wishes. The circumstances and reasons for stopping the inter - view should be documented in the investigation file. If the interview is paused rather than terminated, inves - tigators should arrange for resumption at a mutually convenient time, allowing the interviewee adequate time to prepare or seek advice. For employees, while they generally have a duty to co-operate with legitimate workplace investigations, this must be balanced against their rights to fair treat - ment and protection against self-incrimination. Inves - tigators should work with the interviewee to find an appropriate way forward that respects both the inves - tigation’s needs and the individual’s rights.
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