Categories
Bullying Business Ethics Geo-services harassment Human Resources marine seismic Marine Seismic Market Marine Seismic Operations mobbing UN Global Compact Whistleblower Workplace Bullying, Harassment & Mobbing

Norway’s PGS ASA Adheres to the Corporate Governance Code of Malpractice

Article Images Updated due to WordPress Update and Image Permalinks Breaking

Norway’s Corporate Corruption is Destroying a Law Abiding USA Family and a Country’s Reputation of Trust

PGS ASA & Carl Richards have NEVER reached-out to clarify ANY of the issues mentioned in the blog posts directly prior to delivering their Criminal Defamation Claims angainst me in Thailand. Weren’t these blackmail? This corrupt abuse of power steamrolls truth and justice. There is a time limit for defamation claims of one-year after the publication, per the UK Limitation Act. PGS ASA used the criminal court system of Thailand maliciously, and I am near certain also illegally, to silence an accuser and whistleblower over three-years following initial publications of accusations. Any “criminal” damage was self-inflicted. When will the O&G and seismic industry wake-up and say something and demand a thorough investigation? When will PGS ASA employee’s demand an investigation and stop sucking the harmful tits of corruption? Such corruption is bad for all stakeholders, especially the victims of corruption, fraud, harassment, and discrimination. Why do we allow Norway’s evil corporations to lie and deceive the O&G and Seismic industry?

Under the Limitation Act 1980 (the Act), the applicable limitation for defamation is one year from the date of accrual of the claim, which in libel claims accrued at the time of publication.

PGS ASA Business Development VP Sarah Murphy Bids

Open Letter to Petroleum Geo-Services ASA Board of Directors (18-Jun-2017)

ATTN:                                    Walter Qvam, Chairman
CC  Directors:                     Daniel J. Piette, Holly Van Deursen, Carol Bell, Anne Grethe Dalanem, Morten Borge, Richard Herbert

Chairman Qvam, et al.:

The PGS board of directors and several senior managers are corrupt and have behaved immorally and criminally to the detriment of the enterprise and its stakeholders.
PGS board of directors and several senior managers, including compliance officers, need to be investigated thoroughly by a third-party for corruption and fraud.


I am writing this letter in order to reiterate directly and publicly my concerns regarding the direction and management of Petroleum Geo-Services ASA (PGS).


The PGS Board of Directors, PGS Executive Management, and several other senior managers have abrogated their legal agency responsibilities to the detriment of PGS stakeholders, competitors, the marine seismic service sector, as well as the greater oil and gas (O&G) industry.


As a general rule, given the choice, most would prefer not to do business with evil and dishonest moral degenerates.  Thus, the long-term business success and future of PGS is in jeopardy with the current board and executive composition of the enterprise.

Open Letter to Petroleum Geo-Services ASA Board of Directors (18-Jun-2017)

Petroleum Geo-Services ASA (@PGSNews) CEO Reinhardsen Perverting the Course (1 June 2017)

Jon Erik Reinhardsen is currently the CEO and President of Norwegian marine seismic service company, Petroleum Geo-Services ASA (PGS).   Reinhardsen recently (29 May 2017) announced that he will retire from PGS at the end of August 2017.  Reinhardsen is not the only person who needs to retire from PGS.  Reinhardsen never understood the cyclic seismic industry so much as financial instruments and legal loopholes.  PGS desperately needs a solid and ethical leader and executive team who understand thoroughly the cyclic nature and technology demands of the marine seismic industry.  The new CEO should also understand the importance of adhering to core values to serve all stakeholders.  Ethics and values are the only stable thing in business, to which Reinhardsen pays only lip-service.  It is a sad testament to the O & G industry that Reinhardsen has been picked to chair Norwegian oil company Statoil.  This may be the worst decision that the Statoil board has ever made.

Petroleum Geo-Services ASA (@PGSNews) CEO Reinhardsen Perverting the Course (1 June 2017)

The image which heads this blog article is the screen capture from a Google™ Image search of PGS #Pedersen.  By any standard, leadership entrusted with advancing the company, as well as its directors and management’s, reputation would not allow being associated with such imagery and accusations.  Therefore, any settlement contract that is intended to end an employment relationship on fair, equitable and reasonable terms, yet allows the employer and its agents open to such public ridicule and criticism would not seem to accomplish its intended objectives.  In fact, the outcome of this settlement has apparently left Norwegian marine seismic service company, Petroleum Geo-Services (PGS) and its UK affiliate, PGS Exploration (UK) Limited (PGSUK), agents impotent in constructively resolving such an online tirade.  The PGS/PGSUK legal compliance lawyer, Rune Olav Pedersen (PGS #Pedersen) is responsible for this contract and all of the online postings which it has inspired.

Petroleum Geo-Services #PGS #CEO #Pedersen and the Management of Gang Rape (24 October 2017)

Petroleum Geo-Services #PGS #CEO #Pedersen and the Management of Gang Rape (24 October 2017)

Having come across an article written by London employment law solicitor, Philip Landau (currently of Landau Law), in October 2013, I contacted and later engaged Landau to help me.  I am a U.S. citizen who was working for PGS Exploration UK Limited [PGSUK] in Weybridge, England at the time on a Company sponsored Tier 2 Shortage Occupation List) visa.  I was working in a toxic workplace and had filed a grievance citing harassment and bullying, in part, through the misuse of the PGSUK performance management system.  Inclusive to the grievance was my claim that an unsubstantiated false narrative regarding my professional performance which was being forwarded by PGS managers to impugn my professional reputation.  I believe that this was defamation and this was cited as well within my grievance.  The only formal employment action between me and PGSUK was the grievance.  There were only threats of a Performance Improvement Plan (PIP) being investigated, which I qualified as harassment and bullying.  The negotiations lasted nearly six-weeks from Oct-2013 to Dec-2013.  I left England at the end of 2013 having signed a settlement contract facilitated by Landau and his assistant, Holly Rushton (Landau officially signed-off on the settlement).  Placing so much trust and confidence in Landau was a disastrous watershed event in my life.

What #PhilipLandau, #London #EmploymentLaw Solicitor taught me about Settlement ContractS (30 April 2017)
Holly Hobson London Employment Law BDBF Landau LZW

What Philip Landau, London Employment Law Solicitor taught me about Settlement Contracts (30 April 2017)

People with means with integrity and reputations to preserve simply would not allow such published allegations to be left unanswered.  Of course, people guilty of wrong-doing also will not engage and place themselves in legal peril.  According to the IT law Wiki site, confidence fraud is the reliance on another’s discretion and/or a breach in a relationship of trust resulting in financial loss. It includes a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment.

WHAT #PHILIPLANDAU, #LONDON #EMPLOYMENTLAW SOLICITOR TAUGHT ME ABOUT SETTLEMENT CONTRACTS (30 APRIL 2017)

Corrupt and criminal PGS/PGSUK agents have lied throughout all of this.  They have lied to me, to UK Border, to the Information Commissioner’s Office (ICO) and to stakeholders.  They have been able to lie because of Landau’s binding settlement.  Corrupt PGS/PGSUK agents have such little respect for stakeholder clients, employees, and shareholders that without shame they highlight grifters like Cather as spokespeople for anti-corruption.  Laughing like this only hurts.  What Landau taught me about employment settlement contracts is that you cannot trust anyone. 

WHAT #PHILIPLANDAU, #LONDON #EMPLOYMENTLAW SOLICITOR TAUGHT ME ABOUT SETTLEMENT CONTRACTS (30 APRIL 2017)

###

Categories
Bullying Business Ethics Geo-services harassment Human Resources marine seismic Marine Seismic Market Marine Seismic Operations mobbing UN Global Compact Whistleblower Workplace Bullying, Harassment & Mobbing

PGS ASA Does not Respond to nor Investigate Whistleblowing

PGS ASA Corruption is Protected through the Cooperative Abuse of Power

Why are the documents relevant to my termination not signed by me John Francas, PGS UK Head of Legal, Gareth Jones, PGS UK HR Manager, PGS Exploration UK Limited, Weybidge, England KT13 0NY Directors Rune O. Pedersen, PGS CEO; Gottfred Langseth, PGS CFO; Christin Steen-Nilsen; and former Secretary, Carl Richard; PGS Accountant, PGS General Counsel, Lars Mysen, PGS DPO Daphne Bjerke & PGS SVP HR Bjolseth AND MY SOLICITOR PHILIP LANDAU, UK LANDAU LAW LONDON?

###

Categories
Business Ethics Geo-services Human Resources Marine Seismic Market Marine Seismic Operations UN Global Compact Whistleblower Workplace Bullying, Harassment & Mobbing

Equinor – Investigate your Chairman of the Board Nominee

Equinor’s nomination committee should be ashamed of themselves for re-nominating Jon Erik Reinhardsen as Chairman of the Board of Directors without fully investigating allegations of his crimes and human rights abuses of an American citizen.  Me and my family are victims of his abuses in power and breaches of many provisions of the Code of Practice.
Equinors valgkomité bør skamme seg over at de skal nominere Jon Erik Reinhardsen til styrets styre uten å undersøke påstand om hans forbrytelser og menneskerettighetsbrudd av en amerikansk statsborger.  Meg og min familie er ofre for hans misbruk i kraft og brudd på mange bestemmelser i anbefalingen.
Comprehensive data protection laws are essential for protecting human rights – most obviously, the right to privacy, but also many related freedoms that depend on our ability to make choices about how and with whom we share information about ourselves. My base claims are that my former employer uttered forged defamatory documents to process a settlement contract agreement used to terminate my employment under false pretenses. They are processing fake data as my personal data. I have requested a police investigation.
Confidentiality: Employees’ right to whistle blow according to Norway’s Working Environment Act 2005, may only be limited by law. Confidentiality agreements, instructions, regulations etc. that limit an employee’s right to whistle blow are therefore illegal.
Norwegian Geo-Services Company UK affiliate directors – former colleagues of Jon Erik Reinhardsen – put-forth criminal defamation claims against a self-proclaimed foreign-worker (USA citizen) whistleblower living in Thailand. Most of the written-about alleged crimes and corruption happened when Reinhardsen was a director of the UK affiliate. I believe this legal action is/was a violation of both the Norway Worker Environment Act (WEA) and UK Public Interest Disclosure Act (PIDA) and tantamount to extortion. I also believe that it was an abuse of the Thai criminal justice system. The UK affiliate dropped criminal charges following the signing of a settlement contract with no whistleblower protections. But, they still threaten me if I continue to blow the whistle. Norway, please investigate Jon Erik Reinhardsen’s cabal.
Corrupt Compliance – Corporate Governance – Does not respond to whistleblowing.
Open Letter to Petroleum Geo-Services ASA Board of Directors   
(18-Jun-2017)
No Response Ever Received
Whistleblower Procedures are Ignored and the whistleblower – victim of abuse – and his family dismissed. There is NO GOVERNANCE nor JUSTICE when procedures and laws are ignored – ONLY CORRUPTION IS LEFT!
Categories
Bullying Business Ethics Geo-services harassment Human Resources marine seismic Marine Seismic Market Marine Seismic Operations mobbing UN Global Compact Whistleblower Workplace Bullying, Harassment & Mobbing

Submitting Grievances and Whistleblowing as a Foreign Worker -Part 2


The Psychological Terrorism of my 9-11

Submitting Grievances and Whistleblowing as a Foreign Worker – Part 2

Psychological terrorism is the deliberate targeting of an individual in a way that leaves no physical scars but leaves psychological injuries or trauma that have long-lasting impact.

Valerie Robins , WORKPLACE BULLYING: MOBBING IS EMOTIONAL & PSYCHOLOGICAL TERRORISM

Discrimination, bullying or harassment of any kind will not be tolerated by the Company and all allegations of such behaviour will be dealt with seriously, confidentially and speedily.

UK COMPANY OFFICE PERSONNEL HANDBOOK

Within a previous MarineSeismicSurvey (MSS) blog  post article, Submitting Grievances and Whistleblowing as a Foreign Worker – Part One: The Ambush Meeting (Part 1), the 24 July 201 Ambush Letter, was discussed. The 24 July 201 Ambush Letter scheduled another meeting for 11 September 2013.  Of all the dates to choose to eliminate the American (USA) foreign worker, 9-11 was chosen as a meeting date with all its emotional symbolism.  Minutes from the 13 June 2013 Ambush Meeting had been requested right after the event.  These important minutes chronicling a distressing event were denied, but I pressed for something firm in writing. That was how the 24 July 2013 Ambush Letter came about. Almost six-weeks following the 13 June 2013 Ambush Meeting, a letter was finally delivered to me.  What was never answered in the interim or within the 24 July 2013 Ambush Letter was how the 13 June 2013 Ambush Meeting conformed to the UK-England company written policy, procedures, and of course contract and employment law.  The 24 July 2013 Ambush Letter actually raised similar concerns once it was received. 

The copy of the 24 July 2013 Ambush Letter scanned and referenced in this article was received through my submitting a subject access request (SAR) citing the UK Data Protection Act 1998 (DPA) in October 2014.  The UK company is an affiliate of a Norwegian geo-services company (NGSUK). NGSUK personal data processors within the human resources (HR) group are processing this 24 July 201 Ambush Letter.  Unfortunately, there are many problems with the 24 July 2013 Ambush Letter. It would serve as the impetus for my submitting a lengthy workplace grievance on 20 September 2013.  However, the most immediately visible problem with the 24 July 201 Ambush Letter when I received it as part of my official NGSUK personnel file documentation is that the mentioned scheduled 11 September 2013 (my 9-11) meeting actually never happened!  The same HR manager who hosted the 13 June 2013 Ambush Meeting of questionable propriety and intentionally withheld the requested meeting minutes from me, also prevented the submission of a grievance soon after the 13 June 2013 Ambush Meeting, and also cancelled and rescheduled the 11 September 2013 to 20 September 2013, as the 18 September 2013 e-mail indicates. The same HR Manager was now overseeing my SAR a year later. I did submit a 20 September 2013 formal grievance, but this document is not being processed within the body of my personnel file records. However, the 20 September 2013 formal grievance is mentioned and referenced within the 5 December 2013 settlement contract agreement (SCA), which when signed terminated my career with the Norwegian geo-services company (NGS). NGS’ HR departments subsequent processing of defamatory fake data is a sinister form of blacklisting. Both are not compliant nor legal acts, but were the coordinated endeavor of the corrupt and evil NGS legal compliance. The 11 September 2013 meeting that never happened is also referenced in another significant document being processed by NGS / NGSUK, but the date is not even mentioned within the SCA!

The new question was, how did the 24 July 2013 Ambush Letter conform to NGSUK policy and procedures? Within the pages of the submitted 20 September 2013 formal grievance, I had made the case that the 24 July 2013 Ambush Letter and 13 June 2013 Ambush Meeting did not conform to NGSUK policy and procedure or UK contract and employment law. The 20 September 2013 formal grievance had focused on the propriety and the participants of the 13 June 2013 Ambush Meeting as well as countering the unsubstantiated claims made within the 24 July 2013 Ambush Letter, since I never had received minutes from the 13 June 2013 Ambush Meeting. (This point was made within the 20 September 2013 formal grievance, as well.) I was also astonished to discover a version of minutes for the 13 June 2013 Ambush Meeting was also being processed within my official PGSUK personnel file. My truthful professional reputation was assassinated on 11 September 2013, an event that never happened to me in reality, but exists as the most significant date within my professional official work history with NGS. How is this possible? The 11 September 2013 date has consumed me. NGS / NGSUK processing fake data makes it clear to me that the 13 June 2013 Ambush Meeting. and 24 July 2013 Ambush Letter were not legal nor compliant to NGSUK policy and procedure or UK employment and contract law. For some time, I have believed, and collected evidence showing, that I was a victim of a conspiracy to defraud, on top of being a target of severe workplace gang-bullying (mobbing). I have been on a writing campaign for justice since discovering this. However, it is a very difficult endeavor to confront corrupt power and money, especially when so many “professionals” from different companies participated in the alleged crimes against me and my family. Overcoming the banality of corruption and incivility is difficult, especially when those entrusted with corporate governance are the principal perpetrators and facilitators of the crimes.

Make no mistake. Gaslighting is not about love or concern. It’s about power and control. A gaslighter is someone who needs to feel superior and who manipulates people to further their own agendas.

Marie Hartwell-Walker, Ed.D., 7 Ways to Extinguish Gaslighting

Trust yourself. Recognize what they are doing and stay calm. If you know your case, preserved your record, and know why you’re in court today, you are armed. You will correct the record as appropriate and return focus to the important issues for the court and your case. You have prepared and you know what you are doing.

Alyson A. Foster, Gaslighting in Litigation

The 24 July 2013 Ambush Letter was written on behalf of NGSUK and states that its creation was necessary since I had related that I wanted to pursue the matter officially. To me, this meant according to NGSUK policy, procedures, as well as employment (Tier 2 visa) law and contract law.  The 24 July 2013 Ambush Letter did not address my simple queries.  At the same time, I was helpless to steer events.  It seems that there were two avenues which could have been pursued, based on the NGS UK Office Policy Handbook (NGSUK Handbook).  These were to either follow the NGSUK Handbook grievance procedures or the disciplinary procedures. These would have been the anticipated official routes to be followed.  As was pointed out in Part 1, when disciplinary and grievance matters are related, as was the case here, according to ACAS, the matters can be resolved together.  The 24 July 2013 Ambush Letter also indicated that I would have the opportunity to respond with my case and supporting documentation.  The 20 September 2013 formal grievance, which is not being processed within the body of my personnel file by NGS / NGSUK HR, was my response and contained substantive information countering the claims made during the 13 June 2013 Ambush Meeting and subsequent 24 July 2013 Ambush Letter. But, my truthful narrative is destroyed.

The 20 September 2013 formal grievance was never processed according to the NGSUK Handbook procedures. NGS / NGSUK had denied me my legal right to follow the grievance process. How was this permitted? With the assistance of my compromised counsel, Philip Landau of LZW Solicitos and Watson, Farley and Williams (WFW), representing NGSUK, I was gaslighted into negotiating an SCA predicated on performance. I challenge all NGS / NGSUK, LWZ Solicitors, and WFW legal and HR professionals involved in my SCA termination to show otherwise that the process was compliant and legal. I quite frankly could not figure out what was happening at the time and why all my queries seemed to fall on deaf ears. I never really believed that the process was being carried out correctly, but was being fed misrepresentations from all sides. (WFW had also recently processed my Tier 2 visa leave to remain.) I made countless queries during the negotiations that went unanswered because I had no legal representation. My hired solicitor, Landau, I allege, was complicit in the conspiracy to defraud. This is what I have reported to UK ActionFraud (police). I have also compiled the numerous e-mail communications that confirm that my solicitor was aware of the 11 September 2013 to 20 September 2013 meeting change. Landau knew that I was a USA citizen and had also received a copy of the 20 September 2013 formal grievance, a copy of the NGSUK Handbook, and NGS Core Values. As my legal counsel, these factual discrepancies should have been noted. However, what especially should have been noted was that my legal right to file a grievance was adhered to. It was not. Instead, false instruments were processed that supported a corrupt disciplinary process used to illegally terminate a whistleblower.

The NGSUK HR Manager was aware that the response to the 24 July 2013 Ambush Letter (and 13 June 2013 Ambush Meeting) would be in the form of a formal grievance prior to the 11 September 2013 scheduled meeting.  Therefore, the NGSUK directors and secretary would have known this as well.  What is also important to note is that there was a change of NGSUK secretary 13 September 2013.  The new NGSUK secretary assumed the role of secretary and the responsibility that the procedures had been and were being carried out legally and in accordance to the NGSUK Handbook and the laws of England. The NGSUK Handbook actually does cover issues regarding foreign workers with visas. The NGSUK Handbook also states NGSUK grievance and disciplinary procedures.  Any official route should have implicitly followed NGS Core Values and the NGS Code of Conduct, which are referenced in the NGSUK Handbook. Nicholson continued to be the main driver of the process even though he was directly implicated in misconduct and bullying through hosting the 13 June 2013 Ambush Meeting. Neither NGSUK seretaries ever contacted me before or following the 24 July 2013 Ambush Letter. Within the 20 September 2013 formal grievance it was my belief that my nationality and Tier 2 visa status had elevated the destructive behaviors to harassment of a protected class, or illegal harassment. My Tier 2 visa status was a very important consideration which seemed to be ignored.

Indeed, most of those surveyed for the report identified employer retaliation and not being taken seriously as the most common barriers to taking complaints to employers

Muneeza Sheikh, Workplace is wrong venue to address
harassment

First, his silence may be taken as consent to whatever has been said to him, as an implied admission. This inference arises where a denial would be expected if the statement was false. Here silence operates rather like a nod; it is as if the party did not think it worth while lasting words in assenting to what he and the speaker know is obvious.

J. D. HEYDON, SILENCE AS EVIDENCE

Subsequent debates have argued the fine print over whether these individuals are actually psychopaths, or sociopaths, or have another mental disorder, called narcissistic personality disorder. But whatever the name of their conditions, they create chaos.  They have no capacity to see or respect the perspective of others, are completely disrespectful, and many of them prop themselves up with a sadistic addiction to diminishing others.

Jenny Luesby, How Toxic Bosses Destroy Companies

Perpetrators actively, though often covertly, seek to harm others–physically, emotionally, and spiritually, using tactics designed to
injure individuals and create physical and psychological power imbalances.

Burgess, Garbarino, & Carlson, 2006

20 September 2013 Delivered Grievance

Contents, Preamble, Key Points and Summary

As the NGSUK Handbook header indicates, NGSUK HRM prepared the NGSUK Handbook and should be fluent in its contents.  The 13 June 2013 Ambush Meeting was hosted by NGSUK HRM, as well.  The 24 July 2013 Ambush Letter was also signed by Nicholson, on behalf of NGSUK. In fact, all the documentation relevant to my termination is also signed by only the NGSUK HRM. Nothing is countersigned by the employee (me) or his supervisor. The exception is a Memo dated 25 October 2013, when Landau was engaged as my solicitor. NGSUK HRM did not sign this Memo, but neither did I. None of these documents are authenticated or substantiated by documentation and are therefore defamatory. I did not work directly for any of the directors, secretary, HR department, or division Executive Vice-President (EVP). The documents relate uncorroborated events, wrong dates, and non-existent documents. They are all forgeries. Further, no NGS / NGSUK, WFW, or LZW agent has ever challenged or commented on the allegations that the documents are forgeries in over three-years of protected public disclosure – whistleblowing. No definitive answer nor clarification has ever been provided as to the propriety of 13 June 2013 Ambush Meeting  or 24 July 2013 Ambush Meeting following multiple queries, including NGS Compliance. NGS, Landau, and WFW uttered false instruments to process my termination from employment with NGSUK.

This lack of transparency seems to violate categorically the principles of the NGS Core Values and NGS Code of Conduct.  Said another way, NGSUK’s official handling of my workplace concerns seems to have been violating my contract of employment on multiple levels.  NGSUK continued to obstruct my ability and right under UK employment law to complain!  My queries were simple and reasonable. They could have been addressed easily. The NGSUK Handbook states that the grievance procedure can be used freely and without prejudice by employees.  The NGSUK Handbook notes the importance of formal and informal lines of communication, especially between the employee and their immediate supervisor.  The grievance procedure discusses provisions where the immediate supervisor is the focus of the grievance or if the employee is uncomfortable discussing the matter with their immediate supervisor.  In this case, the grievance should be raised with the employee’s supervisor’s superior. As for any disciplinary actions, such matters must be fully investigated and focused on a fair resolution.  The 24 July 2013 Ambush Letter stated management’s intention to investigate the possibility of  implementing a performance improvement plan.  But, what was the predicate for NGSUK’s directors and secretary intervention prior to any completed investigation or addressing the central concern as to the propriety of the 13 June 2013 Ambush Meeting

These behaviors seem to model the behaviors of workplace harassment, mobbing, and bullying, inclusive of manipulative gaslighting, as described in literature. They seem to model non-compliant and criminal behaviors. NGSUK manipulated the processes to force a desired outcome. This included blocking all avenues of legal redress through adopting an official route that is not included within the NGSUK Handbook, or employment and contract law. An official route that involves fraud, forgery, bribery, embezzlement, extortion, and uttering forged instruments. Legally guaranteed processes were not permitted and choices were limited to the employee so that management could achieve their “win” in this nefarious end game. This end game included co-opting a truthful professional narrative with a fabrication of events. This end game included the symbolic elimination of the American from their workforce on my 9-11. It was all psychological terrorism. It involved illegality, the denial of my human rights and rights under contract and employment law, which were all documented within the 20 September 2013 formal grievance. Most troubling is the witnessing of the death of professionalism and civility and the revelation of weak characters that found sadistic pleasure in abusing their power. Many, many NGS / NGSUK employees have been bribed with salaries and job security so they can continue to ignore NGS Core Values and Code of Conduct. NGS / NGSUK is led by misconduct and depravity. NGS’s dumbfounded Norwegian management and board should have thought twice before lodging their despicable terrorist attack on an American focused on justice. Truth is very strong. Poor management is weak and soon runs out of resources. Weak NGS management- management built upon the “sands” of deception – and board of directors attacked me and my family and now these “leaders” hide from their actions and accountability. Pathetic. Even more pathetic is the employee ranks who allow such depraved leadership to remain unaccountable to a Code of Practice or Responsibility Report and functional corporate governance.

In essence, the psyche constantly returned to scenes of unpleasure because, by restaging the traumatic moment over and over again, it hoped belatedly to process the unassimilable material, to find ways of mastering the trauma retroactively

SIGMUND FReud

Privilege, or immunity, is also a defense against a claim of defamation. Qualified privilege is usually used in cases where the person communicating the statement has a “legal, moral, or social duty to make it….” The person making the statement must show that he or she has made the statement in good faith, believing it to be true and that the statement was made without malice. One example of qualified privilege is the immunity of members of the press from defamation charges for statements made in the press in good faith unless it can be proven that they were made with malice.

Qualified Privilege as a Defense in a Defamation Case

###

Categories
Business Ethics Geo-services Human Resources Marine Seismic Market Marine Seismic Operations UN Global Compact Whistleblower Workplace Bullying, Harassment & Mobbing

Norwegian Geo-Services Compliance Team Stonewall Whistleblowing – 2016

2016 Exchange on Norwegian Geo-Services  LinkedIn Comment Space.  The Company never answered any substantive questions and would delete them.  I was whistleblowing because Compliance ignored e-mail complaints and would not speak on the telephone. Eventually, the whistleblower was restricted from LinkedIn for revealing corruption and asking questions!
The Crimes of Petroleum Geo-Services (PGS) CEO Jon Erik Reinhardsen

Petroleum Geo-Services ASA (PGS) Compliance Team Conceal Illicit and Non-Compliant Acts through Stonewalling – 2016

How a Dysfunctional and Non-Responsive Compliance Program Harms the Reputation of PGS

Revised 22 October 2018.  Publication of unanswered Petroleum Geo-Services ASA Compliance Hotline e-mails documenting PGS Legal Compliance Inaction and Apathy.  

When I felt that my own professional and personal reputation had been defamed, I submitted a thorough formal grievance challenging the management of my employer, PGS Exploration UK Limited (PGSUK), directly to substantiate their orally and written aspersions.  I am now a former employee of PGS PGSUK.  I am a USA citizen who was sponsored to live and work in England on a Tier 2 visa, along with my wife and dependent children.  PGSUK is an affiliate of Norwegian based marine seismic service company, Petroleum Geo-Services ASA (PGS).  When I tried to find redress through practicing my legal right under employment and contract law to initiate the grievance procedures outlined within the PGSUK Policy Handbook, this right was impeded through managements conscious efforts to bypass the processes and  laws governing my employment as a foreign worker.  My rights were manipulated and denied and the health and safety of my family placed in danger through these same consciously violent acts by negligent management.  As a foreign worker with no ties to the community, I was employed within a toxic and dehumanizing workplace.  But, I would not leave without defending my rights, dignity and reputation as a professional.  I tried to follow the rules.  Within my written grievance, I write:

A main motivation for my response in the form of a grievance is that one should never allow a defamatory statement to go unchallenged. Silence is perceived as acceptance. If one does not respond about what has been said and written about them – especially at a professional level – then it must be true.  

Employer personnel files contain the documentation that is needed to provide an accurate view of an employee’s employment history.  The documentation supports the employer’s decisions and must be of a legal standard to protect the employer in a potential lawsuit.  Most employee personnel files will never be tested in this way.  But, this is the standard for and basis for maintaining such records at all.  The personnel file contents demonstrate the employer’s rationale behind hiring, promotions, transfer, rewards and recognition, and termination decisions.  Outcomes are the derivative of processes and are only valid to the extent that the processes followed best practices as prescribed in policy which is guided by employment law.  My grievance was grounded in the belief that my personnel file data was intentionally defamatory and the byproduct non-compliant processes.

Ten months after I left England, I submitted a subject access request to PGSUK citing the UK Data Protection Act 1998.  I discovered that defamatory and inaccurate personnel records populated my personnel file contents.  This was done intentionally by PGSUK to create a false history of my employment which would obviously would harm me for future opportunities.  This was the basis for my filing a grievance in the first place and why defamation was specifically an issue that was brought up.  Another key issue brought up within my grievance document was that PGS Core Values were being ignored.  PGS Core Values and PGS Code of Conduct are specifically mentioned within the terms and conditions of my original employment contract.  I felt that management had breached these terms and conditions through their deliberate and destructive decisions focused on me.  I was a target of workplace gang-bullying and harassment.

The best way for an individual or company to maintain a stellar reputation, first and foremost, is to be proactive and ensure that one’s decisions are guided by ethical values.   Enterprises must be principled and resolute about following such guidance.  The UK Companies Act 2006 clearly establishes that directors and secretary (“directors”) have the fiduciary duty to protect the reputation of the company that they direct.  Employee’s, present and former, are bound by Confidentiality conditions, such that they will not engage in activities and public disclosures that will negatively impact the business.  This, of course, includes its reputation.  The exception to any such public disclosures are protected disclosures, or whistleblowing.  Such protected public disclosure is provided through the UK Public Interest Disclosure Act (PIDA) and is specifically referenced within the PGSUK Policy Handbook.

Most people when accused of a crime that they are innocent of will vehemently deny it and take action in the moment and not wait over three years to be outraged and file criminal defamation charges in a foreign country.  We must concede that the reaction of PGSUK directors, Rune Olav Pedersen, Gottfred Langseth, Christin Steen-Nilsen, and former secretary Carl Richards is not normal.  At what point are such publications the fault of those charged with guarding the company reputation?  Where was the proverbial “line in the sand” in terms of what disparaging commentary would be tolerated?  The first and only official condemnation of my postings came in the form of a criminal complaint made by PGSUK directors.  However, prior to being President and CEO of PGS, Pedersen was General Counsel and Legal Compliance.  He also ascended to be an Executive Vice President of Marketing.  As a member of the legal compliance team of PGS, in 2016 several e-mails were directed to him and his team.  All e-mails directed to Pedersen were not answered at all.  I did have some exchange with other compliance team members.  Between April to September 2016, I complained to the PGS compliance team on several occasions.  I provided published blog article content and links for their consideration.  The final blog article sent specifically to Pedersen’s attention was titled The Crimes of Petroleum Geo-Services (PGS) CEO Jon Erik Reinhardsen. 

Many of the same claims that were directed to Pedersen within my 2016 blog publications are repeated within future blog post articles.  My intention was to make sure that the same base complaints were true and continued to be considered relevant.  I continued publishing content and expanding the recipients of my complaints because the many issues important to me were never acknowledged or resolved by PGS, most notably the directors of PGSUK.   I have always requested a thorough third party (police) investigation.  In fact, if the directors of PGSUK were truly confident of their innocence, they would invite such an investigation to exonerate themselves.  Currently, an updated report submitted to UK ActionFraud (police) accusing the directors of criminal behavior has been published on my website for some time.  No one from PGSUK has ever addressed or clarified the accusations made or asked for the reports removal.  Current publications implicate the same people as the articles published and forwarded to PGS compliance in 2016.  Pedersen reneged on his duty to defend the reputation of PGS in 2016, as the e-mails below clearly show.  So, who bares responsibility for damage to that reputation in 2018?

The Crimes of Petroleum Geo-Services (PGS) CEO Jon Erik Reinhardsen (4 November 2016)


 ###

Categories
Business Ethics Geo-services Human Resources Marine Seismic Market Marine Seismic Operations UN Global Compact Whistleblower Workplace Bullying, Harassment & Mobbing

Petroleum Geo-Services and PGS Exploration UK Limited Conceal Illicit and Non-Compliant Acts through Stonewalling – 2014

Why do PGS Human Resources  (HR) and Legal Personal Data Processors Refuse to Answer Simple Questions?

I am a USA citizen who was sponsored on a Tier 2 visa, shortage occupation list basis, along with my wife and dependent children, to work with PGS Exploration UK Limited, 4 The Heights, Brooklands, Weybridge, England, KT13 0NY (PGSUK).   I was officially employed by PGSUK from 26 September 2010 through 31 December 2013.  Paperwork to renew my visa was submitted 15 July 2013.  We all lived in Weybridge, England, during this time.

My employment terminated through a settlement contract agreement which was proffered to me following my submitting a workplace grievance on 20 September 2013.  The grievance specifically cited misconduct and non-compliant behavior and actions by my first line supervisor, Edward von Abendorff, Vice-President, Marine Contract Sales – Africa, his boss, Simon Cather, Marine Contract Regional President – Africa, and David Nicholson, Human Resources Manager.

In October 2014, I submitted a subject access request (SAR), citing the UK Data Protection Act 1998 (DPA) to receive copies of personal data which PGSUK was processing in my name.  When I received my “personal data” from PGSUK, I noted multiple problems, especially with the documents residing within my professional personnel file.  The documents bore no counter-signature and were factually incorrect.  Most obvious, was the reference to a 11 September 2013 meeting date, which was referenced in two separate documents.  The 11 September 2013 meeting never happened.The 11 September 2013 meeting was rescheduled for 20 September 2013, the day which I delivered my grievance to the first line supervisors of the subjects identified within the grievance.  The superiors were executives of Norwegian parent company, Petroleum Geo-Services ASA (PGS).  Cather reported to Per Arild Reksnes, Executive Vice-President, Marine Contract and Nicholson reported to Terje Bjølseth, Senior Vice-President, Global Human Resources.  John Greenway, Senior Vice-President was also copied, along with my work colleague, John Barnard, who was my witness.

Employees who are terminated by a settlement agreement contract need to receive qualified legal advice before signing.  I engaged solicitor Philip Landau with the London legal firm Landau, Zeffertt and Weir (LZW).  LZW had also been made aware of the change in meeting time.  The meeting had been referenced from a letter delivered to me on 24 July 2013, which was the memorialized basis for my submitting a grievance.  However, the grievance document also referenced a 13 July 2013 meeting which I was called to without any warning.  Following the 13 July 2013 “ambush meeting”, I requested minutes of the meeting, how the meeting comported to PGSUK internal policy and UK employment law, and queried about submitting a workplace grievance.  As the grievance document clearly states, I never received these minutes of the meeting.  I was also never informed as to how the ambush meeting comported to PGSUK internal policy and UK employment law.  The ambush meeting was a very distressing event in my life.

Based on the contents received through my SAR, I now believe that the settlement contract agreement is not a legal instrument.  I believe that it was necessary for LZW to be complicit in processing the illegal settlement contract agreement.  Settlement contracts are very binding and are designed to make future claims virtually impossible.  This is the reason that it has been so difficult to compel changes, or find redress..  In late 2014, I had identified many of the same problems which I identify today and publish about.  However, in 2014, I did not suspect that LZW had helped advance the defamatory personal data residing within my personnel file.  Further, most electronic (email) data received through the SAR does not mention the points raised within the grievance document, but are mostly about the review of the settlement contract agreement.  PGSUK also engaged law firm Watson, Farley, and Williams (WFW) to represent them during the settlement agreement contract negotiation process.  This means that three (3) different data controllers all processed knowingly inaccurate personal data, as proven by the reference to the 11 September 2013 meeting which never happened.  It is this concerted and determined conspiracy of actors which have prohibited redress and denied me my human rights.  I believe that I was the victim / target of an orchestrated confidence fraud.  My being a foreign worker likely was a factor in selecting me.

I have known since late 2014 that something very wrong had happened.  However, in 2014 I had not fully processed all of the information and understood the extent of what happened to me.  On 5 December 2014, 6 (7) December 2014, and 20 December 2014, I wrote complaint e-mails to PGSUK.  However, it should be noted that Nicholson, who had been a principal subject of my grievance citing misconduct (bullying and harassment), the mismanagement of the employee performance management system, and the dissemination of defamatory information about me, was also the main data processor for the SAR submitted in 2014.  Nicholson wrote a 22 December 2014 letter on behalf of PGSUK essentially telling me to accept the personal data processing or “shut up.”  PGSUK also threatened legal action if I continued my pursuit for the truth and the reinstatement of an accurate recounting of my employment history with PGSUK.  The 22 December 2014 letter specifically mentions  the three fore-mentioned e-mails.  True to form, there were no timely responses to the 5 December 2014 email, and this was why the 6(7) and 20 December 2014 emails needed to be written.

The directors of PGSUK, relevant to my grievance and subsequent settlement agreement contract were:  John Erik Reinhardsen, Gottfred Langseth, Christin Steen-Nilsen, and secretary, Carl Richards.  While the 22 December 2014 letter was signed by Nicholson, it was written and sent on behalf of PGSUK and its directors/secretary who allowed Nicholson to be so involved in processing my personal data, in spite of the documented problems in his doing so.

The 22 December 2014 letter:

The 6 December 2014 e-mail referenced within this letter is dated 7 December 2014 in my records and is part of this article.  I was in Houston, Texas, USA when the contents from my subject access request (SAR) was received.

The list of people provided within the 22 December 2014 letter does not make sense to me.  These are all human resources personnel, except for Simon Cather.  My first line supervisor, Edward von Abendorff is not listed.  Cather was Marine Contract Regional President – Africa and was von Abendorff’s boss.  But, I did not report directly to Cather and he would not have assessed my performance from the standpoint of a first line supervisor.

As stated previously, von Abendorff, Cather, and Nicholson, were all named subjects within the submitted 20 September 2013 grievance document.  I received no direct communications from    Reksnes, and more notably, Bjølseth.  Nicholson continued coordinating the grievance procedure as though he had never been named in the contents of the grievance.  A grievance hearing was scheduled for 14 October 2013.  However, on 10 October 2013, Nicholson proffered me a settlement contract agreement so that I would forego my legal right under employment contract to submit a grievance.  I now believe that this proffering was another breach in my employment contract.

I first initiated contact with Landau on 11 October 2013. I was curious about the situation and being proffered a settlement contract agreement to interrupt the grievance procedure outlined within the UK Personnel Policy Handbook (2013).  Landau was provided with a copy of the grievance document with the names redacted.  Landau was also provided information regarding the advance proffering of the settlement agreement contract before the scheduled 14 October 2014 grievance hearing.  Landau never asked about or mentioned anything about the PGSUK grievance procedure and recommended an enhanced settlement contract agreement.  I now believe that Landau was compromised early on and that is why he did not ask more about or recommend that I follow the prescribed grievance procedures.   

The grievance hearing was chaired by Terje Bjølseth, PGS Senior Vice President Global Human Resource, and Per Arild Reksnes, Executive Vice President Marine Contract (at the time),  They didn’t view the personnel file?  Also, my employment was terminated through a settlement contract.  I had been told by Nicholson that lawyers from both the UK/London office and Oslo office had read the grievance and decided to offer the settlement contract agreement because I was “in dispute with the Company.”   No lawyers of PGSUK/PGS processed my personnel file?  Landau never processed the contents of my personnel file?  And WFW, who eventually would represent PGSUK in settlement negotiations never processed my personnel file data?

By engaging Landau, I did not believe that I would need to learn about employment law in another country.  However, the gov.uk website states that if the grievance procedure is included in the employment contract, then employers must follow those procedures or otherwise be in breach of the original employment contract.  Grievance procedure was part of my employment contract.  So, why did all the lawyers – experiences UK employment law lawyers – allow processing the settlement contract agreement?  This is yet another reason why I believe the settlement contract agreement eventually signed by me is not a legal instrument.  

The 5, 7 and 20 December e-mails written by me point out many factual dependencies between true events and the data that PGS Exploration UK Limited is processing in my name.   During the settlement contract agreement negotiations, I had requested that all derogatory and defamatory data being processed to be expunged – removed – from my personnel file.  I was especially concerned by content authored by any of the three subjects of my grievance: von Abendorff, Cather, and Nicholson.  The response to this request is held in a 4 December 2013 e-mail from WFW lawyer, Rhodri Thomas, that was  forwarded to me by Landau, and is clear:

“This amendment is not acceptable.  PGS’s personnel records are its property and must naturally give an accurate record of all employees’ employment history, it will not agree to redact or amend these in any way.”

However, when I discovered inaccurate defamatory personal data being processed within my personnel file data, Nicholson included within the 22 December 2014 letter:

“Instead, a copy of your email of 5 December has been placed on your personnel file (and is held also in our email and document database), and the points you have raised about the data we hold are accordingly held together with your other personal data.”

We regard this as a satisfactory and proportionate approach to our obligation to ensure that personal data held about you is accurate.”

The 22 December 2014 letter contradicts the 4 December 2013 email that states that PGSUK will not alter the data in any way.  This e-mail was approved by my legal adviser, PGSUK, and their legal adviser – three different data controllers.  However, PGSUK (“We regard …”) agrees to amend the personnel file data as a proportionate approach to our obligation to ensure that personal data held about me is accurate.  In other words, PGSUK is acknowledging that the personal data processed for the settlement contract agreement was not accurate.  So, how can the settlement contract agreement be a legal instrument if it was processed using inaccurate data?

It should be noted that LZW (Landau / Rushton) was formerly engaged 22 October 2013.  The 25 October 2013 Memo, which I regard as a forgery, was created when LZW was engaged as MY legal adviser.  The 25 October 2013 Memo is very important.  The Memo is never mentioned in email communications between me and LZW.  Further, the contents establishes that my termination was due to defamatory performance based reasons, and that I was not a target of health harming gang-bullying.  This is significant, and that is why I cannot breath well until the issue is truly resolved.  This is another indication that I was the target of a confidence fraud carried out by the conspiracy of three different data controllers.


Rhodri Thomas, WFW lawyer representing PGSUK e-mail : 4 December 2013 – This amendment is not acceptable. PGS’s personnel records are its property and must naturally give an accurate record of all employees’ employment history, it will not agree to redact or amend these in any way.

—–

When I submitted the SAR in 2014, I had no way of knowing that so many questions would be raised.  I could not have conceived that the legal adviser I hired would be compromised.  All I knew, is that I identified inaccurate defamatory data being processed by PGSUK when I shouldn’t have.  The other tell-tale sign is that none of the documents in my personnel file bare no counter-signature.  I have not signed any of the documents which I have requested removed.  What kind of lawyers or HR professionals would process such documents?

The reason that PGSUKs response to my more recent 2018 SAR citing the General Data Protection Requirement is inadequate is because they have never really answered the questions raised within the 2014 SAR contents provided to me.  In 2014, I had not had the opportunity to even conceive of being a victim of a fraud like this.  But, in 2018, I have connected more dots that have raised more questions.  I was hoping that the appointment of a new PGS Data Protection Officer and a new PGSUK Head of Legal would help me get some of the many questions finally answered.  I was wrong.

Instead, PGSUK directors have are hunting down a whistle blower who lives in Thailand.  They have given a Thai lawyer power of attorney.  Is this even legal?  And is the Thai lawyer allowed to pursue protected public disclosures in Thailand outside the scope of the prescribed Confidentiality provisions contained within the PGSUK Policy Handbook.  Aren’t PGSUK directors fiduciary duty to INVESTIGATE whistleblowing claims?  I am scheduled to appear in Thai criminal court 29 October 2018.  The PGSUK directors want me to go to jail so that they will not have to answer serious questions regarding their decisions, actions, and behaviors.  Please stop them.

Thank you for your consideration,

Steven Kalavity

Categories
Business Ethics Geo-services Human Resources Marine Seismic Market Marine Seismic Operations UN Global Compact Whistleblower Workplace Bullying, Harassment & Mobbing

Second Open Letter to PGS Exploration UK Limited Directors Rune Olav Pedersen, Gottfred Langseth, Christin Steen-Nilsen, Carl Richards and UK Serious Fraud Office (15-Oct-2018)

Second Open Letter to PGS Exploration UK Limited Directors Rune Olav Pedersen, Gottfred Langseth, Christin Steen-Nilsen, Carl Richards and UK Serious Fraud Office

Regarding:  Petroleum Geo-Services ASA and PGS Exploration UK Limited Director Abuse of Fiduciary Duty, Fraudulent Misrepresentation and Vexatious Litigation

Unanswered Letters:

UK ActionFraud

UK Serious Fraud Office

Norway Police

Caseworker(s) Information Commissioner’s Office

Rune Olav Pedersen, PGS Exploration (UK) Limited (PGSUK) Director

Gottfred Langseth, PGS Exploration (UK) Limited (PGSUK) Director

Christin Steen-Nilson, PGS Exploration (UK) Limited (PGSUK) Director (no e-mail)

Carl Richards, PGS Exploration (UK) Limited (PGSUK) former Secretary

CC:

Gareth Jones, PGS Exploration (UK) Limited (PGSUK) Human Resources Manager

Daphne Bjerke, Petroleum Geo-Services ASA (PGS) Data Protection Officer

John Francas, PGS Exploration (UK) Limited (PGSUK) Head of Legal

Lars Mysen, Petroleum Geo-Services ASA (PGS) General Counsel

Transparency International – Norway

SEG Whistleblower – membership

My name is Steven D. Kalavity.  I am a citizen of the United States of America (USA).  I currently live in Chiangrai, Thailand on visa with my Thai wife and three Thai – American children. From 26 September 2010 through 31 December 2013, PGS Exploration UK Limited sponsored me and my family dependents on a Tier 2 visa.

PGS Exploration UK Limited, 4 The Heights, Brooklands, Weybridge, England, KT13 0NY, directors and former secretary have engaged in aggressive and inhumane vexatious litigation in a foreign country to suppress protected public disclosures.  I have made allegations that the Company directors and former secretary have engaged in criminal behavior.  I am a whistleblower.

PGS Exploration UK Limited directors are executives of Norwegian company Petroleum Geo-Services ASA, based in Lysaker, Norway.  I am asking the authorities in England and Norway to immediately demand that PGS Exploration UK Limited directors withdraw all their legal claims made in Thailand.

The claims put forward in Thailand are in breach of PGS Exploration UK Limited internal policy, and therefore the directors have no fiduciary authority to authorize or advance their complaint in a foreign jurisdiction.  PGS Exploration UK Limited directors are abusing their positions and are in breach of their fiduciary duty.  In doing this, PGS Exploration UK Limited directors have also authorized the illegal use of PGS Exploration UK Limited resources.

Two claims of criminal defamation have been initiated against me in Thailand by a Thai lawyer whom has been given power of attorney by the PGS Exploration UK Limited current directors and former secretary.  The Thai lawyer has no knowledge of the veracity of my public disclosures.  None of the directors reside, nor have professional interests, in Thailand.  All of the public disclosure has been made in the English language and has been intended for PGS Exploration UK Limited directors and agents, as well as the Petroleum Geo-Services board of director’s members and executives.

The first claim made against me in Thai criminal court was forwarded by the current PGS Exploration UK Limited directors: Rune Olav Pedersen, Gottfred Langseth, and Christin Steen-Nilsen.  The second claim has been made by former PGS Exploration UK Limited secretary, Carl Richards, who resigned 25 May 2018.  The initial mediation court date in Bangkok, Thailand is scheduled for 29 October 2018, with a follow-up proceeding scheduled on 12 November 2018, in Chiang Rai, Thailand, depending on the outcome of the 29 October 2018 proceeding.   I reside in Chiang Rai, Thailand, with my family.  PGS Exploration UK Limited could have scheduled the first hearing in Chiang Rai, Thailand.

I believe that the proceeding scheduled in Bangkok, Thailand is an intentional attempt by PGS Exploration UK Limited to further harass and bully a whistleblower and harm the health and wellbeing of me and my family to the greatest extent possible.  PGS Exploration UK Limited and Carl Richards are being as mean, vindictive, and unethical as possible to try and quiet my public disclosure.  They have casts aside their contractual obligations to abide by the Petroleum Geo-Services ASA Core Values, PGS Exploration UK Limited internal policies, and their commitments to principles of the UN Global Compact to persecute me and my family.  It is a selfish and repugnant abuse of position and abrogation of their fiduciary duties.

Most of the public disclosures referenced within these claims were produced while Carl Richards was acting as PGS Exploration UK Limited secretary.  The public disclosures relate directly to the performance (or malpractice) of his fiduciary duties.  The Thai lawyer was provided with my personal passport data, home address, and e-mail address by Petroleum Geo-Services ASA, Data Protection Officer (DPO).  This personal private data had been provided to the Petroleum Geo-Services ASA, DPO in relation to a recent subject access request citing the General Data Protection Requirement (GDPR).  I believe that the use of my personal subject data to launch a claim outside the authority of the director’s legal fiduciary duty is a violation of my human rights and the GDPR.  Providing my personal data to Carl Richards, as a private person, is an even more egregious violation of my human rights.

I am currently disputing the propriety of PGS Exploration UK Limited and Petroleum Geo-Services ASA processing of my personal data and have been corresponding with the UK Information Commissioner’s Office (ICO).  PGS Exploration UK Limited directors and legal counsel have been included in these communications.  Much of the public disclosure has been in regard to my belief, supported by e-mail and other documented evidence, that PGS Exploration UK Limited human resources and legal counsel have knowingly created and processed non-compliant and illegal personal data about me.  This fake data was used to advance an illegally proffered settlement agreement contract used to terminate my employment.

ICO has been aware of my disagreement with the personal data PGS Exploration UK Limited is processing in my name for some time.  I also raised these concerns with UK ActionFraud 24 August 2015, and have periodically updated this complaint.  In 2016, I submitted several complaints to Petroleum Geo-Services ASA legal compliance.  This followed numerous complaints made through the Petroleum Geo-Services ASA LinkedIn™ social media comment space.  Most queries were not answered.  Petroleum Geo-Services ASA contends there was an investigation.  However, Petroleum Geo-Services ASA refuses to share their investigation report.  I do not believe that there was a valid investigation and that Petroleum Geo-Services ASA legal compliance has been directly involved in the alleged illegal acts.  I also submitted a report to the UK Serious Fraud Office in 2017.  PGS Exploration UK Limited and Petroleum Geo-Services ASA were made aware of these claims prior to their launching their Thai claim.

Most of the public disclosures regard PGS Exploration UK Limited director’s violations of English contractual and employment law and internal policy.  This includes, but is not limited to, the UK Data Protection Act 1998, and now the General Data Protection Requirement , the Companies Act 2006, the Equality Act 2006, the Fraud Act 2006, the Protection from Harassment Act 1997, and of course the Public Interest Disclosure Act.  The Thai court system is not the appropriate legal venue to adjudicate matters of English law.  PGS Exploration UK Limited is misrepresenting their claims as though their claims are truthful and not disputed.  The irony is that PGS Exploration UK Limited and Carl Richards have refused multiple requests to demonstrate that they are processing legal and compliant data derived from legal and compliant processes.  In other words, they refuse to prove that they have behaved legally in accordance to the laws of England and PGS Exploration UK Limited internal policy.  It should be clear that there must be nefarious motivations for PGS Exploration UK Limited directors to exploit the Thai criminal justice system.

PGS Exploration UK Limited within a 16 July 2018 e-mail response to a subject access request citing the General Data Protection Requirement remained committed to not clarifying issues or answering questions thoughtfully brought forth originally by a subject access request submitted in 2014 citing the UK Data Protection Act 1998.  PGS Exploration UK Limited states in their response to my subject access request:

Excerpts from the 16 July 2018 PGS Exploration UK Limited response to my 2018 GDPR subject access request

We have determined that the applicable law allows us to deny your request on the basis that processing of your personal data, if any, that may have occurred since your previous request on 10 October 2014 (the “2014 SAR”) would have only been performed in order to seek privileged legal advice in respect to your various direct and indirect communication with or about PGS and/or its employees.  Accordingly, we are denying your request under Data Protection Act 2018, Schedule 2, paragraph 19(a).

(…)

You should also note that under the terms of the settlement agreement between you and PGS dated 5 December 2013 (the “Settlement Agreement”) you agreed not to further pursue your grievance or any analogous or substantively similar or other grievance against PGS and that PGS, nor any other company in the PGS group, shall have any further obligations to you in respect of such grievances.

(…)

You further agreed not to divulge confidential information or the existence or terms of the Settlement Agreement, nor to make or publish any statement that directly or indirectly disparages, is harmful to or damages the reputation of PGS or any Related Party of PGS.

(…)

PGS reserve its rights to enforce the terms of the Settlement Agreement in respect to any breaches by you of the Settlement Agreement.

(…)

Bluntly, I have not regarded the referenced settlement agreement contract as a valid legal instrument for some time.  My public disclosure has stated this in many different publications.  My public disclosure has also stated that I regard my public disclosure as protected, or that I am a whistleblower.  My claims of director and executive criminal conduct were first publicly published in 2015 through the LinkedIn™ Pulse publishing venue.  This would have constituted a breach in a legal settlement contract agreement.  PGS Exploration UK Limited made similar threats to me following my complaints regarding the data being processed in my name within a 22 December 2014 correspondence.  Within the 22 December 2014 letter, PGS Exploration UK Limited states that they will not alter or remove any of the data which I identified as inaccurate and non-compliant.

At the same time, however, PGS Exploration UK Limited, did state that they would add one of my complaint e-mails (5 December 2014) into my professional personnel file.  So, PGS Exploration UK Limited did not refuse to alter my personal data.  What they did was place accurate data into the personnel file after inaccurate personal data was used to process the settlement contract agreement.  This challenges the legality of the settlement contract agreement, in my view.  Why would PGS Exploration UK Limited agree to alter my personnel file data with inaccurate data?  There are many other compliance issues raised within this 22 December 2014 correspondence which PGS Exploration UK Limited refuses to clarify.  I began publicly publishing my complaints and frustrations about these matters because PGS Exploration UK Limited and Petroleum Geo-Services ASA refuse to answer my reasonable questions.  Recently, I have copied ICO caseworkers on e-mail communications with PGS Exploration UK Limited and Petroleum Geo-Services ASA, with regard to the latest response to my subject access request so they can witness firsthand the irresponsible actions of these data controllers.

According to a confusing 22 December 2014 email written to me requesting that I stop my questions, PGS Exploration UK Limited states that they do not even process the 20 September 2013 grievance document within my professional personnel file.  So, exactly what will be considered similar to it?  I believe that the 20 September 2013 grievance which identified manager misconduct, policy and contract breaches, and breaches in UK employment and contract law was also whistleblowing.  Many of my queries have been in regard to the 22 December 2014 email which has opened many questions.  I believe that the referred settlement contract agreement was proffered illegally to terminate my employment without following my legally guaranteed process of grievance.  Termination for whistleblowing is automatically an unfair dismissal.

With regard to PGS Exploration UK Limited’s alleged violations of internal policy and the UK Public Interest Disclosure Act through initiating defamation claims in Thailand, reference the PGS Exploration UK Limited Policy Handbook (2013):

2.9 Confidentiality                                    

During the course of their employment, each member of staff will have access to and become aware of information which is confidential to the Company. Without prejudice to his or her common law duties, each member of staff undertakes that he/she will not, save in the proper performance of his duties, make use of, or disclose to any person, (including for the avoidance of doubt any competitors of the Company), any of the trade secrets or other confidential information of or relating to the Company, or any user of the Company’s services or any company, organization or business with which the Company is involved in any kind of business venture or partnership, or any other information concerning the business of the Company which he/she may have received or obtained in confidence while in the service of the Company. Each member of staff will use his/her best endeavors to prevent the unauthorized publication or disclosure of any such trade secrets or confidential information.

This restriction shall continue to apply after the termination of a member of staff’s employment without limit in point of time but, both during employment and after its termination, shall cease to apply to information ordered to be disclosed by a court or tribunal of competent jurisdiction or otherwise required to be disclosed by law or to information which becomes available to the public generally (other than by reason of the member of staff breaching this confidentiality obligation).

Nothing in this paragraph 2.9 will prevent a member of staff making a “protected disclosure” within the meaning of the Public Interest Disclosure Act 1998 where they are lawfully entitled to do so.

For a disclosure to be protected by the Act’s provisions it must relate to matters that ‘qualify’ for protection under the Act. Qualifying disclosures are disclosures which the worker reasonably believes tends to show that one or more of the following matters is either happening now, took place in the past, or is likely to happen in the future:

  • a criminal offence
  • the breach of a legal obligation
  • a miscarriage of justice
  • a danger to the health and safety of any individual
  • damage to the environment
  • deliberate concealment of information tending to show any of the above five matters

A qualifying disclosure to the commission will be a ‘protected’ disclosure provided the worker:

  • makes the disclosure in good faith
  • reasonably believes that the relevant failure relates to ‘the proper administration of charities and funds given, or held, for charitable purposes’
  • reasonably believes that the information disclosed and any allegation contained in it are substantially true

I have submitted several complaints to UK and Norwegian bodies to no effect.  I am very certain about the integrity of the documentation being processed within my PGS Exploration UK Limited professional personnel file.  None of the documents which I requested removed bare a counter signature and contain factually incorrect data, most notably a meeting date of 11 September 2013 that is referenced in two documents.  The 11 September 2013 meeting never happened.  The 11 September 2013 meeting was rescheduled for 20 September 2013, the day on which I submitted the referenced formal grievance.  The 20 September 2013 grievance document is specifically referenced in the settlement contract agreement, as well as the 22 December 2014 correspondence from PGS Exploration UK Limited, and more recently in the 16 July 2018 correspondence from PGS Exploration UK Limited.  However, it is not mentioned in the body of documentation contents of my personnel file and, as stated by PGS Exploration UK Limited, is not being processed currently as part of my personnel file.

An occupational health nurse report requested by the manager of human resources submitted to PGS Exploration UK Limited 16 November 2013 also mentions the grievance document, as well as reports on my personal health issues and stress experienced in the workplace.  PGS Exploration UK Limited does not process this health report which they requested and also did not follow policy guidelines regarding employee stress.  This endangered my own health and wellbeing, as well as that of my family.  PGS Exploration UK Limited has suppressed and destroyed all personal data related to the 20 September 2013 grievance document and supplanted non-compliant fake data supporting a defamatory performance based termination.   I had been led to believe that the settlement contract agreement was with regard to the substance mentioned within the 20 September grievance document.  PGS Exploration UK Limited on 15 July 2013 also did not report any performance issues to UK Border Agency for the renewal of my Tier 2 shortage occupation list visa, and those for my dependent family members.  Clarification on these issues is what PGS Exploration UK Limited has been withholding which I believe constitutes the deliberate concealment of information tending to show illegal and non-compliant acts.

PGS Exploration UK Limited directors and Carl Richards are expediting their claims in Thailand through subversive tactics which do not correlate to PGS Core Value.  They collective, including the Thai lawyer, stalked me by misusing my personal data.  None of the directors had formally contacted me and identified themselves and their concerns prior to launching their claims in Thailand.  The Thai lawyer also never confirmed her identification and credentials in previous communications which regarded a potential claim by Carl Richards.  I asked the Thai lawyer many questions, stated that I regarded my public disclosures as protected whistleblowing.  Further, I rejected claims made by Carl Richards as a private person because my public disclosures have always been in regard to his professional capacity as PGS Exploration UK Limited Head of Legal and secretary.  I had just departed Thailand when I received an e-mail with the court proceeding information documents written in the Thai language attached.  I was not in Thailand when the court claim by PGS Exploration UK Limited directors was delivered.

I had never received any communication from PGS Exploration UK Limited directors regarding my public disclosures prior to this claim being delivered in my absence.  The Thai lawyer had withheld information that she was also acting on the behalf of PGS Exploration UK Limited directors in previous communications.  Had she revealed this, I of course would have been more receptive to dialogue, just as I would have if Carl Richards was representing himself as secretary.  Carl Richards’ complaint, as a private person, was actually the second complaint.  It was received weeks after the court documents were delivered by e-mail.  I believe this behavior has been, at the very least, inconsiderate, irresponsible, and unprofessional.  It seems to transgress the actions of their true fiduciary duties.  They should have behaved differently and used better judgment.  PGS Exploration UK Limited directors’ actions have been clandestine and purposefully harassing.

In specific regard to the criminal defamation claims made in Thailand, most all of the referenced published content in the complaints pre-dates the 16 July 2018 correspondence received from PGS Exploration UK Limited in response to my subject access request.  The 16 July 2018 correspondence cites no specific content which even breaches the terms of the settlement contract agreement.  However, they warn me that the confidentiality nondisclosure conditions are still in effect.  However, in September 2018, the content reaches the level of criminal defamation in Thailand?  How is this possible?  Much of my public disclosure has warned Petroleum Geo-Services ASA and PGS Exploration UK Limited that they should be more proactive in addressing the online content published because it is harmful to their reputation.  Three-years later, Petroleum Geo-Services ASA and PGS Exploration UK Limited wakes up and blames their criminal negligence on me – in Thailand?  Unless PGS Exploration UK Limited can confirm the legality of the processes and documents that support the settlement contract agreement they are making fraudulent misrepresentations within their 22 December 2014 and 16 July 2018 responses to the subject access requests.

The fact that PGS Exploration UK Limited is not acting on the warnings given through their responses to me subject access requests to pursue breaches of the settlement contract agreement should be telling.  No claim of non-disparagement in England, but criminal defamation in Thailand?  Whatever damage has been suffered is a product of their collective fiduciary negligence.  To that end, only I have lost my job and livelihood while Pedersen has ascended from Petroleum Geo-Services ASA General Counsel to President and CEO.

In light of the recent aggressive actions taken by PGS Exploration UK Limited directors and former secretary in Thailand, there needs to be an equally aggressive investigation conducted in England.  I really need some consideration.  I am a victim of Petroleum Geo-Services ASA and PGS Exploration UK Limited abuse.  As a foreigner, I have always been more vulnerable.   Petroleum Geo-Services ASA has had to disregard published values and policy to pursue their vindictive hunt to destroy a whistleblower who did nothing wrong.  I have been the only one advancing Petroleum Geo-Services ASA Core Values and reputational interests.

I need help – NOW.

Best regards,

Steven D. Kalavity

###

Categories
Business Ethics Geo-services Human Resources Marine Seismic Market Marine Seismic Operations UN Global Compact Whistleblower Workplace Bullying, Harassment & Mobbing

Open Letter to PGS Exploration UK Limited Directors Rune Olav Pedersen, Gottfred Langseth, Christin Steen-Nilsen and UK Serious Fraud Office (9 Oct 2018)

ICO Case Reference Number: RFAxxx327 – PGS Exploration UK Ltd HR Personal Data Processing – Misuse of Personal Data

ATTN:

UK Serious Fraud Office

Rune Olav Pedersen, PGS Exploration (UK) Limited (PGSUK) Director

Gottfred Langseth, PGS Exploration (UK) Limited (PGSUK) Director

Christin Steen-Nilson, PGS Exploration (UK) Limited (PGSUK) Director (no e-mail)

Carl Richards, PGS Exploration (UK) Limited (PGSUK) former Secretary

CC:

Caseworker(s) Information Commissioner’s Office

Gareth Jones, PGS Exploration (UK) Limited (PGSUK) Human Resources Manager

Daphne Bjerke, Petroleum Geo-Services ASA (PGS) Data Protection Officer

John Francas, PGS Exploration (UK) Limited (PGSUK) Head of Legal

Lars Mysen, Petroleum Geo-Services ASA (PGS) General Counsel

UK Companies House

UK ActionFraud

Society of Exploration Geophysicists – Whistleblower

RE: Petroleum Geo-Services ASA (PGS) Abuse of Fiduciary Duty and Fraudulent Misrepresentation

My name is Steven D. Kalavity.  I am a citizen of the United States of America (USA).  I currently live in Chiangrai, Thailand on visa with my Thai wife and three Thai – American children. From 26 September 2010 through 31 December 2013, PGS Exploration UK Limited sponsored me and my family dependents on a Tier 2 visa.

On 29-Oct-2018, I am scheduled to attend a hearing in Thai Criminal Court for defamation claims made by PGS Exploration UK Limited, 4 The Heights, Brooklands, Weybridge, England, K.T13 0NY.

I am a whistle blower.  I am the victim of crimes and my human rights continue to be violated through aggressive and unnecessary court actions forwarded in Thailand by PGS Exploration UK Limited directors and secretary (“directors”).

I believe that PGS Exploration UK Limited directors violated my human rights and breached General Data Protection Requirement regulations through illegally providing my passport and address information to the Thai legal firm.  I had provided this information to the Petroleum Geo-Services ASA (PGS) Data Protection Officer (DPO) to process a recent subject access request.  Petroleum Geo-Services ASA DPO provided no requested personal data, nor addressed my numerous questions.  Instead, my passport and Thailand address information was used to track my travel plans.

The Thai case documentation was sent to my registered address when I was not in Thailand.  The Thai legal firm photocopied my passport and it was included within the complaint.  This data made locating me in Thailand easier.  The Thai court date documents were sent to me by e-mail in the Thai language.  I would need to return to Thailand to translate these documents and actually view the case documents.  PGS Exploration UK Limited directors are using every devious trick to expedite these proceedings and limit my ability to defend myself.  PGS Exploration UK Limited has not provided me with any answers, yet they are able to forward a defamation case as if the facts have been resolved.

PGS Exploration UK Limited directors have provided NO responses to the recent e-mails delivered to them:

·         Letter to UK Companies House and Carl Richards, former PGS Exploration UK Limited Secretary (1-Oct-2018)

·         Letter to UK Companies House and Petroleum Geo-Services ASA (24-Sep-2018)

·         Letter to Gareth Jones, PGS Exploration UK Ltd. and ICO Caseworkers (16-Sep-2018)

·         Letter to Daphne Bjerke, Petroleum Geo-Services ASA (PGS) Data Protection Officer and ICO Caseworker (2-Sep-2018)

·         Dear Information Commissioner’s Office (ICO) Caseworker (1-Jul-2018)

Open Letter to Board of Directors (18-Jun-2017)

PGS Exploration UK Limited directors had to process this case in the Thai language.  This process initiated long before I left Thailand for travel.  I was never formally made aware of any such impending case.  There is very little preparation time available to me to actually find if their actions are even legal.  I do not believe that they are.  PGS Exploration UK Limited directors have given the power of attorney to a Thai lawyer who has no knowledge of the merits of my whistle blowing claims.  PGS Exploration UK Limited directors are abusing their fiduciary duties through providing such power of attorney to operate outside their legal jurisdictions as fiduciaries of an English company governed by English law.

The PGS Exploration UK Limited directors’ fiduciary duties are prescribed through the Companies Act 2006.  English law covers claims of defamation or malicious falsehood.  The settlement contract agreement at the center of the dispute is governed by the laws of England and contained mutual non-disparagement clauses.  It is totally unnecessary and irresponsible for PGS Exploration UK Limited directors to engage a legal firm in Thailand to handle this issue.  PGS Exploration UK Limited directors have no vested business interests in Thailand beyond persecuting me.  Far less effort and resources would be involved to actually show proof that the settlement contract agreement, as well as supporting documents and processes, used to terminate my employment from PGS Exploration UK Limited as foreign worker was legal.  The actual fiduciary duty of PGS Exploration UK Limited directors is to investigate and resolve whistle blower complaints.

The effort to destroy me and my family involves PGS Exploration UK Limited engaging a Thai law firm to translate several court documents and excerpts from my online publications from English into Thai.  Aren’t Carl Richards and Rune Olav Pedersen qualified lawyers?  What justifies this expense of money and resources?  I still need to prepare for the case on 29 October 2018.  There is another case 12 November 2018 if mediation discussions on 29 October 2018 are not successful.  I will also have to incur the expense of translating my defense and defending content which I never published in the Thai language.  All my content was published in English intended mostly for PGS Exploration UK Limited directors.  I will not be able to confirm the quality of the Thai translation.  I believe PGS Exploration UK Limited directors translating my content to Thai is fraudulent misrepresentation.  Everything about this effort is unethical and mean-spirited.  These actions are intended to break me and destroy my family.  These are Petroleum Geo-Services ASA new values.

I have long contended that the settlement contract agreement between PGS UK Limited and me was not a legal instrument.  I have found evidence that my rights to file a grievance were obstructed and denied and that the documents which occupy my PGS Exploration UK Limited personnel file are fabrications which support a performance based termination.  The workplace abuses of harassment and bullying, along with contract breaches and health harming behaviors brought to light in my grievance document are not part of my PGS Exploration UK Limited personal data history.  My human and legal rights of due process following my submitting a workplace grievance continue to be denied by PGS Exploration UK Limited directors.

My online publishing campaign was initiated because of the irresponsible and negligent behavior of PGS Exploration UK Limited directors.  In over three years of sending e-mails, articles, and publishing content to get the attention of PGS Exploration UK Limited and Petroleum Geo-Services ASA agents there has been no response before the Thai legal action.  The blog campaign could have never persisted this long had PGS Exploration UK Limited directors been doing their duty.  I need help, but I do not know who to call anymore.  Like a small flame left unattended, there is big fire.  PGS Exploration UK Limited directors have over three years of published content to try to extinguish the flames.  I am sad that my complaints and reports over the years to the UK Information Commissioner’s Office, UK ActionFraud, and UK Serious Fraud Office were not investigated.  I am disappointed by the lack of courage and core values of my former hosts and work colleagues who have ignored the death of me and Petroleum Geo-Services ASA.  If I die or commit suicide, PGS Exploration UK Limited and the English justice system murdered me.  And all I ever really wanted was to send postcards from Thailand to remember our work and travels together.

Best regards,

Steven D. Kalavity

Categories
Business Ethics Geo-services Human Resources Marine Seismic Market Marine Seismic Operations UN Global Compact Whistleblower Workplace Bullying, Harassment & Mobbing

Letter to UK Companies House and Carl Richards, former PGS Exploration UK Limited Secretary (1 October 2018)

RE:  PGS Exploration UK Limited – Director and Secretary Fiduciary Negligence

ATTN:

Companies House

UK  Information Commissioner’s Office Caseworker(s) [RFA0XXX327]

CC:

Carl Richards, former secretary PGS Exploration (UK) Limited

Rune Olav Pedersen, PGS Exploration (UK) Limited (PGSUK) Director

Gottfred Langseth, PGS Exploration (UK) Limited (PGSUK) Director

Christin Steen-Nilson, PGS Exploration (UK) Limited (PGSUK) Director (no e-mail)

Gareth Jones, PGS Exploration (UK) Limited Human Resources Manager

Daphne Bjerke, Petroleum Geo-Services ASA (PGS) Data Protection Officer

John Francas, PGS Exploration (UK) Limited (PGSUK) Head of Legal

Lars Mysen, Petroleum Geo-Services ASA (PGS) General Counsel

Dear Companies House,

My name is Steven D. Kalavity.  I am a citizen of the United States of America (USA).  I currently live in Chiangrai, Thailand on visa with my Thai wife and three Thai – American children.

On 29-Oct-2018, I am scheduled to attend a hearing in Thai Court for claims made by Carl Richards, as a private person.  However, Carl Richards is the former PGS Exploration UK Limited secretary and Head of Legal.  Carl Richards is launching his claim on behalf of himself because he believes his reputation in Thailand has been damaged to a criminal level.  I have informed Carl Richards, as well as PGS Exploration UK Limited directors, that I regard my publications as whistle blowing.   I have always wanted and accepted comments that would improve the published content.  Carl Richards has never provided any.  Therefore, how can there be such a claims made in Thailand by fiduciaries of an English company that were the targets of these criticisms?

Carl Richards has no professional credentials in Thailand that I know about and I have certainly never published anything about it.  Carl Richards believes that he has been defamed to a criminal level through the publishing of evidence based articles criticizing his professional performance as PGS Exploration UK Limited secretary.  Yet, these same criticisms are not regarded as a breach of the non-disparagement clauses within a contract governed by the laws of England which Carl Richards reviewed and approved.  It seems that Carl Richards is misrepresenting his own integrity through advancing this claim in Thailand.

The online publications, which Carl Richards believes are damaging to his reputation, describe real events which occurred while I worked with PGS Exploration UK Limited in England on a company sponsored Tier 2 visa between 26 September 2010 and 31 December 2013.  The blog post articles, and accompanying image files, have been published while I have resided in both Thailand and the USA.  I am not a citizen of England, and neither is my wife.  The only Thai nationals mentioned within the articles are my wife and children, because they have been greatly impacted by these events and are victims of his alleged professional malpractice.  This claim filed by Carl Richards has distressed my family even more, and is a continuation of the concerted effort to destroy me and my family.

The articles are written in the English language, although certain articles have been translated to Norwegian.  The blog post articles and accompanying image files describe people, events, and actions by executives of Norwegian parent company, Petroleum Geo-Services and PGS Exploration UK Limited, which occurred while I was employed as a foreign worker in England.  Carl Richards was Head of Legal for PGS Exploration UK Limited for much of the time I worked in England.  However, Carl Richards became PGS Exploration UK Limited secretary 13 September 2013, at just the point when my dispute with PGS Exploration UK Limited began to have legal ramifications.

I believe that I am the victim of crimes and that my human rights were violated while employed with PGS Exploration UK Limited.  Carl Richards oversaw my termination from employment from PGS Exploration UK Limited.  My employment terminated through a settlement contract agreement.  I believe that this is an illegal contract.  I also believe that forged instruments were created to support the illegal contract proffered as a false pretense for termination.  These beliefs are reinforced by documented evidence, and further by these actions taken by Carl Richards in the Thai legal system.

I have complained vigorously to the UK Information Commissioner’s Office regarding the integrity of the data which PGS Exploration UK Limited was processing in my name.  I implored caseworkers to conduct an investigation to compel PGS Exploration UK Limited to authenticate the documents being processed as my personal data.  I first reported these crimes in August 2015 to UK ActionFraud (police).  I have also submitted a report to UK Serious Fraud Office.  For over three years, all that I have ever asked for is an impartial third-party investigation into my claims.

My postings relate to Carl Richards’ obligations while he was PGS Exploration UK Limited secretary.  Fiduciary duty is not like a coat that is worn when the weather changes.  Fiduciary duty is a legal responsibility.  In Carl Richards’ case, these obligations were under the Laws of England.  Carl Richards was especially obligated to uphold these responsibilities from 13-Sep-2013 to 25-May-2018.  Carl Richards was still PGS Exploration UK Limited secretary when he first contacted me through a private and unverified e-mail account when he informed of his intended claims in Thailand.

As a fiduciary, his responsibility is to the principal, PGS Exploration UK Limited.  The fact that Carl Richards brought these claims to defend his own character apart from his professional credentials is stunning to me.  I have been publishing content critical of PGS Exploration UK Limited that may have impacted the reputation of the company.  The exception to the contractual mutual non-disparagement clauses is whistle blowing.   A fiduciary duty under the UK Companies Act 2006 is to protect the reputation of PGS Exploration UK Limited, not just theirs.  Fiduciaries should also be supportive of whistle blowing.

All of my postings are relevant to this period of time where Carl Richards and PGS Exploration UK Limited directors were in positions to influence decisions and actions which significantly impacted me.  PGS Exploration UK Limited directors, and other named employees, have had multiple opportunities, as well as the resources, to present their defenses.   Their inaction has significantly impacted the well-being of my family.  Carl Richards, as PGS Exploration UK Limited secretary, has never refuted anything written or posted by me.  In fact, not one individual mentioned within my articles has ever commented on, or asked that I cease publishing, my online blog articles or image files prior to Carl Richard sending an e-mail to me from a private and unverified account.

I would not have published anything online if Carl Richards, as an expert on contract agreements, would answer my simple and reasonable questions and concerns.  Is the settlement contract agreement that was used to terminate my employment from PGS Exploration UK Limited a legal instrument?  Will you authenticate as legal and compliant both the processes and documents that support the legal settlement contract agreement?  These are simple questions for an expert to answer.  But, Carl Richards has refused to answer such simple questions which are the basis behind all of my publications.

Obviously, I do not believe the settlement contract agreement used to terminate my employment from PGS Exploration UK Limited is a legal instrument.  I believe that I was terminated from my position with PGS Exploration UK Limited for whistle blowing.  I am no expert on English contracts.  But, I was fully aware of the events that actually happened at the time.  What I do know, with absolute certainty, is that the documents being processed within my PGS Exploration UK Limited professional personnel file are inaccurate and do not meet any normal legal or compliant standard.  Expert Carl Richards should be able to quickly resolve these concerns.

Pertinent documents do not bare my counter signature and are factually incorrect.  I believe that these documents were created and processed to support the settlement contract agreement that terminated my employment under false pretenses.  An initial settlement contract agreement was proffered to me to terminate the grievance procedure which I had initiated.  Under the laws of England, and under my original contract of employment with PGS Exploration UK Limited, employees have the right to file a grievance and if the grievance procedure is included within the employment contract, employers are obligated to follow the prescribed grievance procedures; otherwise it would be a breach of contract.

Why was the settlement contract agreement proffered to me before completing the grievance procedures outlined within the PGS Exploration UK Limited Handbook?  My grievance cited bullying and harassment, discrimination, negligence, breach of duty of care contractual responsibilities and breach of contractual mutual trust and confidence.  My grievance exposed management misconduct, abuse of position and non-compliant workplace practices.  I believe these concerns reached the level of whistle blowing.  As PGS Exploration UK Limited secretary, Carl Richards had assumed the legal responsibility to ensure that my grievance was handled properly and legally.  My blog post articles have simply asked for proof of this.

I have regarded my blog post articles as therapy for the workplace abuses facilitated by Carl Richards.  The grievance which was submitted described the health impacts of workplace bullying and harassment on targets and organizations.  During the settlement contract agreement negotiations, I felt very distressed.  I took five consecutive sick leave days off from my work.  The human resources manager and my first line supervisor, both of whom were subjects identified as workplace bullies within my grievance document, requested that I see an occupational health nurse.  I did see the occupational health nurse.  I explained to her what was going on with me in the workplace.

The occupational health nurse provided a preliminary report to me and I had requested a copy of the final report.  Carl Richards never intervened at this point either, even though the workplace conditions seemed to be impacting my health.  Employee stress is covered within the PGS Exploration UK Limited Handbook.  Carl Richards should have been aware of my appointment with the occupational health nurse.  The occupational health nurse noted increased stress levels and recommended a follow-up evaluation.  However, I never received this report at the time and never was evaluated again by the nurse.  This intentioned action placed the health and safety of me and my family at risk.

Bullying is a serious health issue in the workplace and a risk factor for anxiety, depression and suicide.  Bullying is often referred to as psychological harassment or violence.  One type of anxiety is complex post-traumatic stress disorder (C-PTSD).  Symptoms of C-PTSD may include flashbacks, irritability, reckless behavior, avoiding reminders of the traumatic event, feeling numb, memory problems, guilt, difficulty trusting others, and anger.  Carl Richards oversaw my being denied health care while I was a vulnerable foreign worker of PGS Exploration UK Limited.

I have always regarded my online publishing as therapy.  C-PSTD would also explain the escalation of anger in my online publications.  There is pressure for targets of workplace bullying to be heard after their abuse.  Bullies and harassers will intentionally ignore their targets.  When bullies and harassers ignore their targets, it gives them control of the situation, and a power over the target.  This increases the trauma and stress of the target.  In my case of gang-bullying, many people are directly implicated in the creation and processing of fake data that was used to terminate me from employment with PGS Exploration UK Limited.

Through their collective silence, PGS Exploration UK Limited or Petroleum Geo-Services ASA have been defaming and damaging me.  They have continued their bullying and harassment.  Their collective refusal to prove the legality of the settlement contract agreement that terminated my employment, along with the processes and documents that support the settlement contract agreement, denies me the truthful narrative.  A settlement contract agreement used to terminate an employee for performance reasons is fundamentally different than settling a whistle blowing and workplace harassment claim for illegal workplace practices.

Ignoring someone, or giving them the silent treatment, is one of the most used destructive manipulation tactics of manipulative people.  When multiple actors participate it is gaslighting.  It is very distressing and destructive to the targets psychological health and well-being.  It drives victims crazy.  Multiple actors were involved in processing knowingly false and defamatory personal data about me.  I believe that my legal adviser for the settlement contract agreement was complicit, as e-mail communications between him and me do not corroborate the data which PGS Exploration UK Limited is processing as my personal data.  My former legal adviser similarly remains silent, as does the legal adviser that represented PGS Exploration UK Limited during settlement contract agreement negotiations.

I have been publishing content online critical of personal data controllers Norwegian parent company Petroleum Geo-Services and PGS Exploration UK Limited since 3 July 2015.  On 22 December 2014, PGS Exploration UK Limited explicitly threatened legal action if I did not accept their processing knowingly false and inaccurate personal data about me.   I knew that something very wrong had happened to me after receiving that letter.  However, no director or secretary ever contacted me following the initial 3 July 2015 online publication.  Of course, they never invoked the non-disparagement clauses or demonstrated that their actions regarding my termination from employment had been legal and compliant either.  I was ignored.

Carl Richards and PGS Exploration UK Limited have made arbitrary and capricious judgments as to what constitutes disparagement, defamation, or a breach in the settlement contract agreement terms and conditions.  If PGS Exploration UK Limited or Petroleum Geo-Services ASA had published similar critical content about me online, I would have pursued the matter referencing the settlement contract agreement non-disparagement clauses governed by the laws of England.  As long as PGS Exploration UK Limited treat the settlement contract agreement as a legal instrument, there is little that I can do.  PGS Exploration UK Limited’s silence and inaction since 3 July 2015 is fiduciary negligence, in my view.

I published more issues of concern about the settlement contract agreement between me and PGS Exploration UK Limited online the LinkedIn™ platform, 6 September 2015 and 20 September 2015.  These articles called for the resignation of the Petroleum Geo-Services ASA CEO and President.  The 6 September 2015 article was read by many people, according the platform metrics.  In a 10 October 2015 article, I called for expulsion of the Petroleum Geo-Services ASA CEO and President, and other employees, from the professional organization because I believed that these individuals had breached the ethical standards of the organization.  I named several PGS Exploration UK Limited and Petroleum Geo-Services ASA employees within these articles and never once received a comment or rebuke from Carl Richards or PGS Exploration UK Limited directors.  Why?

What was the intention of the 22 December 2014 letter, which threatened litigation if I continued to advance my concerns about the basis and legality of my termination from employment, if PGS Exploration UK Limited directors accepted these publications with no claim of settlement contract agreement breach in the non-disparagement clauses?  Within the 20 September 2015 article, I presented evidence to support my claims.  The presented e-mail and other document evidence showed that my personnel file documents were inaccurate and non-compliant documents.  Neither Carl Richards, nor PGS Exploration UK Limited directors, acted concerned or tried to contact me.

In 2016, I submitted a complaint report to the Petroleum Geo-Services ASA Compliance Hotline.  The response from the Compliance Hotline stated that there was an investigation and no fraud was detected.  I requested a copy of their investigation report.  Petroleum Geo-Services ASA refuses to provide the report or how the investigation was carried out.  I submitted several more complaints to the Petroleum Geo-Services ASA Compliance Hotline and have never received a response.  I continued writing and publishing blog post articles critical of PGS Exploration UK Limited and Petroleum Geo-Services ASA.  Still, no one ever contacted me or asked me to stop.

In 2017, I updated the 2015 ActionFraud report and submitted another report to the UK Serious Fraud Office to include the involved legal advisers which formed the settlement contract agreement.  I have reported Carl Richards and the involved legal advisers to professional law organizations in England that regulate legal professionals.  Carl Richards, and PGS Exploration UK Limited directors, have also been reported to the UK Companies House with regard to their performance in fulfilling fiduciary duties for PGS Exploration UK Limited, as described in the UK Companies Act 2006.

In 2017, I published and Open Letter directed to the Petroleum Geo-Services ASA Board of Directors.  There has been no acknowledgement.  In 2018, I have already written another Open Letter to the new Petroleum Geo-Services ASA data protection officer.  I have also posted an Open Letter to PGS Exploration UK Limited Head of Legal and another one to the PGS Exploration UK Limited human resources manager regarding the same base issues.  No replies for any of them.  There is only the continued silence and ignoring of a whistle blower.

I believe that the claims made against me by Carl Richards for this Thai legal proceeding are without merit for multiple reasons.  Carl Richards is portraying himself as a victim of unwarranted on-line criticism.  However, no one in any official capacity, especially one of PGS Exploration UK Limited director’s, has ever even tried to contact me before Carl Richards.  Their problem is a product of their own creation.  People in authority routinely abuse their positions and ignore their victims to maintain their power over them, and to demoralize, demean and destroy them.  I believe that this is happening to me now.

The silence and inaction by PGS Exploration UK Limited directors constitutes fiduciary negligence as much as it is a weapon used by manipulative people.  I have used social media to voice serious concerns, because Carl Richards, and other PGS Exploration UK Limited directors, do not respond to the many serious allegations that I have made.  Carl Richards is circumventing his fiduciary duties under the laws of England by launching his claim in Thailand.  Carl Richards and PGS Exploration UK Limited directors have also neglected their legal fiduciary duties under the laws of England by allowing events to rise to this level.

Carl Richards has not only had multiple opportunities, but also a fiduciary duty, to address the many valid concerns about his own, or PGS Exploration UK Limited stakeholders, reputations, as well as conduct, before now.  These duties are described within the UK Companies Act 2006.  Carl Richards has also decided to escalate this dispute to the criminal courts of Thailand as a first option and not as a last resort, even though Carl Richards is licensed to practice law in England.  This has taken a tremendous toll on my Thai family.

The best solution, it seems, should have been to exchange e-mails.  If that failed, then the mutual non-disparagement clauses included within the settlement contract agreement which terminated our employment relationship should have been discussed.  This settlement contract agreement is governed by the laws of England.  I have written multiple e-mails, made phone calls, and finally posted directed content online to get the attention of PGS Exploration UK Limited and Petroleum Geo-Services ASA since 3 July 2015.  They never respond privately, and so I have felt the need to go public with my concerns.

It has been my reputation which has been damaged because PGS Exploration UK Limited and Petroleum Geo-Services ASA agents refuse to engage me directly and responsibly to address my valid concerns.  It is this lack of engagement which has frustrated me to escalate my complaints and try to get their attention.  In spite of this escalation, no official of PGS Exploration UK Limited has ever attempted to contact me directly or tried to address my complaints and allegations.  Collectively, PGS Exploration UK Limited and Petroleum Geo-Services have ignored my concerns for over three years of attempted engagement on my part.  I can prove my claims with evidence in an appropriate legal venue.  I have already done so through my online publications. 

It simply should not take over three years for PGS Exploration UK Limited and Petroleum Geo-Services ASA agents to prove that they did their jobs and followed the rules.  The fact that they refuse to answer simple questions shows that they are hiding something.  But, clearly, if my claims are true, and I believe that they are, PGS Exploration UK Limited and Petroleum Geo-Services ASA agents did not do their jobs or follow the rules.  In this case, it is clearly my family who are the victims of PGS Exploration UK Limited and Petroleum Geo-Services ASA agents not doing their jobs and following the rules.  This is what I believe has been published online with evidence to back my claims.

With regard to this proceeding, I received an e-mail from the private Google™ account of a person purporting to be Carl Richards.  This was the first and only complaint that I have ever received regarding my online content.  This e-mail cited some complaints over content which I have published on-line.  I responded briefly to this e-mail, but requested proof of identification before I would consider the complaints further.  I never received another e-mail from this address.

Later, I received another e-mail from a person purporting to be a Thai lawyer who was representing Carl Richards.  Similarly, I requested proof of legal credentials from this person, as well as proof that this person was truly a lawyer representing the Carl Richards who I had worked with in England at PGS Exploration UK Limited.  I never received a response or confirmation from this person either.  So, it was very surprising to me when I received the papers from the court in Thailand without ever receiving confirmation of identity or discussing the issues more fully.  I was actually travelling outside of Thailand when the documents were delivered.

I do not know why Carl Richards is solving this simple legal problem in Thailand.  I am not a citizen of England.  This problem likely would have never happened if I had been an English citizen.  I believe that PGS Exploration UK Limited engaged in their trickery because my family and I were all foreigners and so it would be easy for them to get away with their scheme.  The events written about in my blog articles occurred in England.  I am in Thailand because my wife and children are citizens of Thailand.  We have had a home in Chiangrai, Thailand since 2006.  During all of my oversea assignments, Thailand is where we returned to, and Thailand was my home of record for rotational offshore work assignments with Petroleum Geo-Services.

Carl Richards has been trying to destroy me professionally, psychologically, and financially since 2013.  I was a victim in England, and I am a victim now.  Carl Richards wants to destroy my Thai home and family.  Carl Richards must be held accountable.  Carl Richards, and PGS Exploration UK Limited, must confirm with evidence that the settlement contract agreement that terminated my employment is a legal instrument.  Carl Richards must confirm that the documents and processes that support the settlement contract agreement were also legal and compliant.  Carl Richards must do these things now, because it has always been his duty to do so.  It was his duty in England, and it remains his duty now.

Carl Richards is trying to bypass most every critical action and decision which has brought us to this point as though he had no control of the situation.  He feels that his reputation has been damaged.  Yet, Carl Richards has never defended his reputation through directly confronting the accusations which I have made in a timely manner.  The base accusations have remained much the same since the first 3 July 2015 publication.  The reason that I communicate publicly and online is because PGS Exploration UK Limited and Petroleum Geo-Services ASA agents do not respond to private e-mails or even comment on the online publications.

Every one of my publications critical of Petroleum Geo-Services ASA and PGS Exploration UK Limited has been a risk for me.  The settlement contract agreement contained mutual non-disparagement clauses prohibiting parties from criticizing each other.  They have had multiple opportunities to invoke these clauses over the past three years and have chosen not to do so.  Why is this?  This inaction further supports my assertion that the settlement contract agreement is an illegal instrument.  There are records that Carl Richards, along with his colleague assistant, reviewed and approved the use of this settlement contract agreement.  It has always been known to be an illegal instrument.

I am begging Companies House, Information Commissioner’s Office, and the police to investigate and compel PGS Exploration UK Limited to authenticate as legal and compliant the settlement contract agreement along with the processes and documents and processes that support it.  I should not have to beg for this.  I should have never had to file a fraud report as a foreign worker.  I should have never had to endure the health harming effects of a toxic workplace.  PGS Exploration UK Limited is literally trying to destroy me and my family – the victims of abuse.  I desperately need your help.

Best regards,

Steven D. Kalavity  

Categories
Bullying Business Ethics Geo-services harassment Human Resources marine seismic Marine Seismic Market Marine Seismic Operations mobbing UN Global Compact Whistleblower Workplace Bullying, Harassment & Mobbing

Letter to UK Companies House and Petroleum Geo-Services ASA

Letter to UK Companies House and Petroleum Geo-Services ASA

(24 September 2018)

ATTN:    UK Companies House

CC:   Gareth Jones, PGS Exploration (UK) Limited (PGSUK) Human Resources Manager

UK Information Commissioner’s Office (ICO) Caseworker(s)

Daphne Bjerke, Petroleum Geo-Services ASA (PGS) Data Protection Officer

John Francas, PGS Exploration (UK) Limited (PGSUK) Head of Legal

Lars Mysen, Petroleum Geo-Services ASA (PGS) General Counsel

Rune Olav Pedersen, PGS Exploration (UK) Limited (PGSUK) Director

Gottfred Langseth, PGS Exploration (UK) Limited (PGSUK) Director

Christin Steen-Nilson, PGS Exploration (UK) Limited (PGSUK) Director (no e-mail)

Dear Companies House, 

I am a USA citizen who worked in England on Tier 2 visa.  I worked for PGS Exploration (UK) Limited, 4 The Heights, Brooklands, Weybridge, England, KT13 0NY from 26 Sep 2010 – 31 Dec 2013. 

I believe that I was illegally terminated and black listed for whistle blowing. 

I believe that the company directors and secretary were actively complicit in denying me my right to file a grievance and then creating false personnel documents to support a false basis for termination (performance based reasons). 

I first discovered issues with my personnel file documents in October 2014 when I filed a subject access request citing the UK Data Protection Act 1998.  

My personnel file contain what I know are non-compliant false instruments.  None of the documents are signed by me or are corroborated with e-mail evidence.  In fact, it is just the opposite. 

The grievance document which was the basis for the proffering of a settlement contract agreement is not part of my personnel file, nor is a report from an occupational health nurse who noted dangerous heart and stress levels. 

In other words, my grievance which claimed executive misconduct and non-compliant behaviors, including  breaches in the Equality Act 2006, bullying and harassment, breach of duty of care, breach in mutual trust and confidence, and several departures from UK employment and contract law is destroyed and replaced with fake documents supporting a performance termination. 

I have been on a over three-year long blog campaign demonstrating that the settlement contract agreement is not a legal instrument and is supported by forged documents.  This implies that legal advisers were bribed to process these illegal documents. 

The directors and secretary, as well as parent company compliance team, refuse to authenticate the documents and processes used to form my termination as legal and compliant. 

The full force and resources of the company are being used to conceal the truth.  All I have asked for is a thorough third party investigation.   

I have reported this to Action Fraud and UK Serious Fraud Office.  Neither has investigated my claim.  I have also complained vehemently to the Information Commissioner’s Office.   

I have published many blog articles demonstrating my claims of an illegal contract.  During this time, I have been living in Thailand with my Thai wife and children. 

The former secretary has brought a claim against me in Thai court.  How can he PGSUK cite a problem in a Thai court when they have essentially neglected their Companies Act 2006 fiduciary duties? 

No director or secretary has contacted me or addressed my many criticisms.  I believe that this is because they know the settlement contract agreement and supporting documents are not legal. 

This means that the Company misrepresented the integrity of the personal data being processed in my name to the Information Commissioner’s Office.  Or it means that they misrepresented my qualifications to the UK Border Agency during the Tier 2 visa process.   

I believe that the Thai legal system is being used improperly so they can avoid the English legal system which the settlement contract agreement is covered with.   

It seems to me though that one could not both file a defamation claim in Thailand when they have a fiduciary duty to protect the reputation and interests of the UK company.  Any action should be taken through the UK legal system. 

My blogs are written in Thailand, but I am whistle blowing about an English and Norwegian company.  My blogs are only written in English and sometimes translated to Norwegian. 

I need some authority in England to investigate my claims.  They are trying to destroy a whistle blower and his family. 

Thank you for your consideration, 

Steven D. Kalavity  

Letter to Gareth Jones, PGS Exploration UK Ltd. and ICO Caseworkers

Letter to Daphne Bjerke, Petroleum Geo-Services ASA (PGS) Data Protection Officer and ICO Caseworker