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PGS ASA Retaliated Against a Foreign Worker Whistleblower through Misrepresenting Legal Protected Disclosure as Criminal Defamation through Thailand Law Firm Duensing – Kippen

NoPGS.org [NO Psychopaths in Geo-Services]

PGS ASA has a pattern of not responding to e-mails. This is why online publications have become necessary. Several e-mails were sent at the onset of the criminal accusations against SDK in Thailand. PGS ASA irresponsibly never answered. It must be emphasized that PGS ASA agents in Thailand, Duensing – Kippen, have no first hand knowledge of events written about and are not prosecuting based on evidence, but on a PGS ASA fraudulent narrative.

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PGS ASAs John Francas and Lars Mysen cannot Prove Defamation with Forgeries
PGS ASAs John Francas and Lars Mysen cannot Prove Defamation with Forgeries

PGS ASA (PGS) delivered notice to former employee, Steven D. Kalavity (“SDK”) that he was in breach of a compromise agreement signed in Thailand 11 November 2018 (the “Thai Agreement”).  For the past several months PGS has hired Thailand legal firm, Duensing – Kippen to deliver harassing legal notices to the residence where SDK stayed in Thailand while on visa.  SDK is a USA citizen and never had the legal permission to remain in Thailand indefinitely.  SDK informed PGS ASA that he was no longer living in Thailand 4 July 2019.  Nevertheless, the harassing legal notices continued to be delivered to the physical address of traumatized Thai relatives even though the Thai Agreement only specified an e-mail address for communication.  SDK has always rejected the validity of the totally unnecessary Thai Agreement.  The Thai Agreement’s main purpose was to use Thai laws to gag protected public disclosure, or whistleblowing. 

Petroleum Geo-Services (PGS) CEO Jon Erik Reinhardsen Should Resign II : A Bully Targets Reprise (20 September 2015)

Petroleum Geo-Services (PGS) and the Veneer of Governance (5 May 2016)

PGS and SDK had signed a termination settlement agreement 5 December 2013 (the “Settlement Agreement”) governed by the laws of England.  The Settlement Agreement contains Confidentiality clauses that prohibit parties from publishing disparaging content about one another.  However, there is a provision for protected public disclosure through included reference of the UK Public Interest Disclosure Act 1998 (PIDA).  The Thailand Agreement also prohibited SDK from disparaging PGS.  However, the Thailand Agreement did not provide any exception for protected public disclosure, or whistleblowing.  SDK has contended that the exclusion of such exception for protected public disclosure within the Thai Agreement made such “gagging” terms and conditions unenforceable.  Nevertheless, Duensing – Kippen continued to deliver such notices in Thailand.

I am a USA citizen and could not remain in Thailand indefinitely. What’s wrong with non-disparagement clauses within the Settlement Agreement signed 5 December 2013?

PGS’ UK subsidiary Head of Legal, John Francas, is now trying to enforce the terms and conditions of the Thai Agreement outside of Thailand through sending the Notice of breach of Compromise Agreement.  SDK has never accepted the validity of the Thai Agreement, most notably because of the omission of terms and conditions regarding protected disclosure.  SDKs employment contract was governed by the laws of England and allowed protected public disclosure under PIDA., the target of SDK whistleblowing was PGS ASA, a Norwegian corporation governed by the laws of Norway.

In Norway, whistleblowing is protected through the Working Environment Act 2005 (the “WEA”).  Retaliation against an employee who makes use of this right and reports on censurable conditions in the organization is specifically prohibited by the WEA.  Whistleblowing in Norway is defined as “reporting cases of blameworthy conditions that includes illegal, unethical, immoral, or illegitimate matters.  PIDA (especially Clause 43J) and WEA have been the topic within most of the e-mail correspondence to Duensing – Kippen and PGS.  This includes before, during and following the signing of the Thai Agreement.

Working Environment Act 2005

Section 2 A-2 Protection against retaliation in connection with notification

(1) Retaliation against an employee who notifies pursuant to section 2 A-1 is prohibited. As regards workers hired from temporary-work agencies, the prohibition shall apply to both employers and hirers. If the employee submits information that gives reason to believe that retaliation in breach of the first or second sentence has taken place, it shall be assumed that such retaliation has taken place unless the employer or hirer substantiates otherwise.

(2) The first paragraph applies correspondingly in connection with retaliation against an employee who makes known that the right to notify pursuant to section 2 A-1 will be invoked, for example by providing information.

(3) Anyone who has been subjected to retaliation in breach of the first or second paragraph may claim compensation without regard to the fault of the employer or hirer. The compensation shall be fixed at the amount the court deems reasonable in view of the circumstances of the parties and other facts of the case. Compensation for financial loss may be claimed pursuant to the normal rules.

PGS ASA GDPR – JOHN “F**KHEAD” FRANCAS SDK Subject Access Request (SAR)

PGS have intentionally misrepresented legal protected public disclosure, as defined by both PIDA and WEA as criminal defamation in Thailand.  SDK being a whistleblower has been emphasized within e-mails and blog posts since long before the delivery of the Thai Claims.  SDK was compelled to sign the Thai Agreement to avoid proceeding through two (2) criminal trials in Thailand.  SDK never recanted that his published content was protected and further more never regarded the contents as untrue or defamatory, this includes up until and past 11 November 2018.

PGS, WATSON FARLEY & WILLIAMS DUENSING – KIPPEN

On 15 November 2018, out of desperation, SDK wrote a whistleblowing e-mail to JOGMEC (Japan Oil Gas and Metals Corporation) who had recently shortlisted PGS ASA to purchase a seismic vessel. 

The email to JOGMEC stated:

Date: Thu, Nov 15, 2018

Japan Oil, Gas and Metals National Corporation
Thank you for contacting us.

The following inquiries were received.

Subject
Other

Your request or question
Business Ethics:

Please remove Petroleum Geo-Services ASA (PGS) from your consideration for the vessel sale and support contract

I am a whistleblower and have for over three years voiced my concerns about PGS board and management corruption and fraud. 

I am a USA citizen who worked for the business unit in the UK.  I now live in Thailand.  Recently, PGS engaged in litigation in THAILAND against me to silence me.  They have never addressed directly my claims of corruption, but instead engaged in threatening litigation to silence critics of health and safety and other practices.  I had published numerous blog articles on nopgs.com.  Nopgs.com is now offline due to this threatened litigation.  One of my publications was an open letter to the PGS board of directors.  Another publication called for the boycott of PGS.  These publications began over three years ago.  PGS refuses to address their internal corrupt business practices.  PGS violates their own Core Values and the principles of the UN Global Compact.  I have also written about this.

Country
Thailand

Name
Steven Kalavity

Company name
Marine Seismic Survey

Kristin Omreng, PGS ASA SVP Global Human Resources Legacy of Corruption
Open Letter to Petroleum Geo-Services ASA Board of Directors (18-Jun-2017)

Somehow, PGS agents were made aware of this new protected disclosure and stated that I had breached the terms and conditions of the recently signed Thailand Agreement.  PGS, again ignoring the laws of Norway and England, threatened new criminal prosecution.  SDK tried to recant the new whistleblowing claims of the earlier email to JOGMEC, but it was too late. 

Date: Fri, Nov 16, 2018

Japan Oil, Gas and Metals National Corporation
Thank you for contacting us.

The following inquiries were received.
http://www.jogmec.go.jp/english/

Subject
Other

Your request or question
I sent an earlier mail
And I did not know you would disclose this communication to Petroleum Geo-Services

However, I have agreed to a compromise agreement with Petroleum Geo-Services processed in Thailand that will come into affect 19 November 2018
and I should have not related any matters to you 

I have agreed to unpublish my posts and take down a website critical of PGS
 

So, I apologize for announcing to you this information


Under the terms of the pending agreement, I should not have contacted you
So, please disregard the previous communication.  Matters have been settled

Petroleum Geo-Services and I have agreed to stop


Best regards,
Steven

Steven Kalavity

Country
Thailand

Name
Steven Kalavity

Company name
Marine Seismic Survey

Why I Believe that Duensing – Kippen’s Delivered “Legal Notices” on Behalf of PGS ASA are Crimes and therefore PGS ASA Owes SDK Millions of US Dollars!

PGS, through Duensing – Kippen, scheduled new criminal proceedings for 29 January 2019.  In the interim, SDK would have to wait for a decision as for whether or not these proceedings would proceed or if PGS would accept the Thailand Agreement.  SDK had taken nopgs.com offline (and listed the site for sale) as part of the terms and conditions of the Thai Agreement.  However, from 1 – 10 December 2018, SDK was ordained a Thai monk at the behest of his Thai family to earn merit.  While SDK was a monk and not accessing his websites and online content, nopgs.com was stolen and SDK lost access to the content.  I mentioned this to my Thai lawyer, but remained remarkably unconcerned.  PGS agreed to allow SDK to write an apology letter so that the criminal proceedings would not progress.

PGS ASA USA RICO ACT/LAW VIOLATIONS
PGS ASA USA RICO ACT/LAW VIOLATIONS
PGS ASA USA RICO ACT/LAW VIOLATIONS
PGS ASA USA RICO ACT/LAW VIOLATIONS
PGS ASA USA RICO ACT/LAW VIOLATIONS

18 January 2019

To PGS Exploration (UK) Limited and Mr. Carl Richards,

Please accept my apology for the offensive content which I have published on-line over the years and for directing such content through e-mails, especially once a compromise agreement was me.

I am hopeful that we can put these matters behind us and that I can focus on my family.

Sincerely SDK

Submitting Grievances and Whistleblowing as a Foreign Worker (6 April 2019)

However, I believe this was illegal domain theft and the destruction of evidence, since the principal site that published the “disputed” content was nopgs.com.  Nopgs.com remains pertinent for any continued litigation in either Thailand or the USA (e.g., Harris County, Texas).  The Thai Agreement does not reference specific content nor even the specific claim document(s). 

The Constant Narcissistic Corruption of Gottfred Langseth, PGS ASA CFO & EVP

SDK was essentially held hostage in Thailand due to the litigation.  My marriage visa expired in February 2019 and I would not be able to remain in Thailand indefinitely.  PGS agreements cannot supersede governments rights to grant permission to enter Thailand.  PGS has been overstepping their legal authority by both expecting and later demanding that their “legal notices” be received and acknowledged.  PGS has never sent SDK the actual claims by e-mail, the manner designated within the Thai Agreement.  Apparently, PGS sends claims in English from England to Duensing – Kippen in Thailand to be translated and delivered to relatives of SDK, since SDK is not a citizen of Thailand and no longer resides in Thailand.  PGS is aware of this.

Petroleum Geo-Services #PGS #CEO #Pedersen and the Management of Gang Rape (24 October 2017)
PGS ASA and Carl Richards Stole My NOPGS.COM Domain – I want it back!
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