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Toxic Workplace Culture Information for Foreign-worker Whistleblowers

Toxic Workplace Culture Information for Foreign-worker Whistleblowers

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Landau, Zeffert & Weir (LZW) Represented Me?

LZW Principal Phlip Landau is now with Landau Law (since January 2014)

WHY I WANT A POLICE INVESTIGATION

Initially Reported to ACTIONFRAUD 24 August 2015 – Never Investigated! This further damages the victim of crimes and harms all stakeholders dependent on knowing the truth and seeking justice.

My first contact with Philip Landau was made online following my reading an article published by him. It was this public professional expertise and notoriety which gave me a feeling of trust in contacting him and eventually engaging him. Philip Landau advised me from 11 October 2013 to 5 December 2013. Within my short initial inquiry seeking guidance, I highlighted:

  • I was a foreign worker being sponsored by a UK Company on a Tier 2 visa
  • I was being harassed, bullied and discriminated against (nationality) in the workplace
  • I believed that the UK company employer sponsor had breached their duty of care, duty of trust and confidence contractual obligations and had violated the Health and Safety Act 1974, as well as other things.
  • I had initiated the grievance process but was being proffered a settlement contract prior to a grievance hearing and I stated my UK employer was trying to “buy me off.”

Was this protected public disclosure or whistleblowing?

I was a foreign worker, US citizen, being sponsored by a UK Company on a Tier 2 visa. I was being bullied and harassed in the workplace and had submitted a grievance 20 September 2013 complaining of those issues. The bullies were framing a performance based termination, as if I were a UK/EEA resident worker. My grievance complained about abuse of the performance management system as a weapon used to bully, harass and intimidate me.

5 October 2012 UK Company personnel file meeting memo included in my personnel file (top). This was a secret meeting which I did not attend. I had been the target of negative workplace behaviors and had started to bring it to the attention of my boss’ boss (SS) and the HR Manager (HRM). (I was being gang-bullied (mobbed) and was beginning to complain.) HRM, et al. started the process to pad my personnel file with documentation supporting poor performance so that I could be terminated for cause. HRM is not following UK Company Personnel Handbook processes, procedures or best practices. There is no data to support such a malicious and unprofessional assessment and conclusions. Therefore, this is defamation and not privileged content. I believe that the HRM, SS, my supervisor (S), with authority from UK Company directors and secretary not sharing this information with is a breach of my contract of employment and their Duty of Care obligations to me and my family, whom they are sponsoring on dependent Tier 2 visas. This also shows that they are all knowingly in violation of their sponsorship requirements to UK Border Agency, by advancing the Tier 2 visa renewal process if they truly had these concerns. Landau should have also known about this document and never mentioned it to me, as well.

Philip Landau, was provided with a Redacted Copy of my 20 September 2013 Grievance Document Presented to the UK Company Employer Sponsor of my Tier 2 Visa.

Grievance Table of Contents, Preamble, Key Points, Summary

20 September 2013 Form of Grievance Presented to UK Company Tier 2 visa Sponsor
This is an actual excerpt from the grievance document which I presented to Norway Company executives, as well as UK Company executives 20 September 2013. Landau was contacted 11 October 2013 following my meeting with the UK Company HR Manager (HRM), 10 October 2013 at which time the HRM proffered an initial settlement contract agreement TO STOP THE LEGALLY GUARANTEED UNDER CONTRACT GRIEVANCE PROCEDURES which were initiated 20 September 2013. A grievance hearing was scheduled for 14 October 2013. Landau received a copy of my 21 page grievance with names redacted on 11 October 2013.

Even though some of Philip Landau’s initial advice seemed odd, I needed to trust him because I was a target of health harming workplace bullying and foreign worker. I had to do something and trust someone.

I feel that Philip Landau violated that trust categorically. He has never addressed my published concerns or private e-mails. Philip Landau has remained silent and will not simply explain what happened?

  • Philip Landau counseled to NOT follow the grievance procedure and to instead move toward an “enhanced settlement” with the UK employer sponsor of my Tier 2 visa.
  • Philip Landau minimized the importance and significance of being on a Tier 2 visa, my legal basis for being employed in England/UK, and my claims of discrimination based on nationality
  • Philip Landau never spoke directly about the prime motivation behind the presenting the grievance which were the health and safety concerns to me and my family being a target of workplace gang-bullying/mobbing.

Pre-Settlement Communications with Landau, Zeffertt and Weir Law (Philip Landau) [10 October 2013 to 30 October 2013]

The entire premise of my grievance was my disputing my UK employer’s attempt to place me on a Performance Improvement Plan (PIP). I Recognized it as a tactic of bullies and knew there was no documented basis to support a legitimate PIP. It appears as though Philip Landau helped create the documented basis out of whole cloth with my UK Company employer and Tier 2 visa sponsor.

I eventually did sign a settlement contract agreement.

My employment with the UK Company Tier 2 sponsor was terminated by the settlement agreement forwarded by Philip Landau and his assistant, Holly Rushton on 31 December 2013.

Sensing retaliation/blacklisting by my former employer, I submitted a subject access request citing the UK Data Protection Act 1998 (DPA) while in Houston, Texas. The contents of my UK Company personnel file contains defamatory forged instruments supporting a performance based termination. Philip Landau and Holly Rushton will not explain how this is possible? I do not know how a performance based termination is legal for a Tier 2 visa holder.

24 July 2013 Bully Defamatory Ambush Letter

I had only seen one (1) of the documents being processed within my UK Company personnel file prior to my receiving the personnel file in late 2014 in Houston, Texas. This one (1) document, a letter from my employer dated 24 July 2013, was the basis for my 21 page grievance supplemented by another 45 pages of evidence to support my presented argument. The 20 September 2013 grievance document is not being processed in the body of my personnel file and is only referenced within the signed settlement contract agreement. Only the settlement contract agreement bares my signature. It stands to reason that the dated documents were referenced and processed during settlement contract agreement negotiations, along with the grievance document, especially since defamation and misuse of the performance management system were specifically cited within the grievance document. The most significant alleged forged document is dated while Philip Landau was engaged as my representative solicitor on 25 October 2013.

25 OCTOBER 2013 MEMO

UK Sponsor Company Tier 2 Visa renewal process for US worker was initiated 15 May 2013 . The UK Company used the counsel and advice of a law firm, Watson, Farley and Williams (WFW) to advise on the preparation of Tier 2 visa application documents. What personal data was provided to WFW by the UK Company sponsor to support the application? WFW also advised and participated in the settlement contract agreement (SCA) negotiations from 1 November 2013 to 5 December 2013 that terminated my employment with the UK Company.

The Norwegian Geo-Services Company (NGSC) UK affiliate employed legal firm Watson, Farley & Williams (WFW) to counsel and review my Tier 2 visa application and dependent family members documentation. It was my claim that the Norway Company and UK affiliate BOTH owed ME and MY FAMILY a Duty of Care, and this duty was not fulfilled..

My former employer is currently uttering defamatory forged instruments. Defamatory forged instruments were created so that a foreign worker whistleblower could be illegally terminated for “performance” based reasons, rather than a claim for harassment, discrimination, bullying, defamation, and breach of contract at many levels. HR3 currently presides over these knowingly false instruments designed to blacklist the USA citizen whistleblower. HR3, a UK citizen, was working in Houston, Texas sharing the defamatory personal data to blacklist me. Any experienced HR professional would know the documents being processed were both non-compliant and illegal. HR3 processed the contents of my personnel file contents in 2013. HR3 should have also been aware of visa requirements for both UK and USA employees. UK Company claims that HR3 was an employee of UK Company in 2013 because sharing UK Company personal data would be a violation of the UK Data Protection Act 1998 (DPA) and now General Data Protection Requirement (GDPR). This contradicts his online LinkedIn profile. Further, I believe that it would have been illegal for UK Company to employ a “poor performer.” However, by making me a poor performer, this false information illegally verified by bribed lawyers could be shared with potential employers. This is blacklisting, which is illegal – also IN TEXAS. Further, misrepresenting HR3s agency to Information Commissioner’s Office (ICO) who oversee DPA/GDPR compliance, they were ALSO misrepresenting to the USA Immigration service. The Norway geo-services company needs to explain and be held accountable, starting with HR3! , The previous HR Manager in 2013 and has created and signed many of the (alleged) forged instruments which populate my personnel file. I did not work directly for Nicholson and the instruments have no counter-signature and are factually inaccurate. Yet, Philip Landau and Holly Rushton, who represented me, along with Rhodri Thomas, with Watson, Farley, and Williams – all experienced employment law solicitors processed these?
The grievance itself is almost irrelevant. The advice at this stage should have really focused on the grievance process. I was being gaslighted by Landau – an EXPERIENCED UK EMPLOYMENT SOLICITOR who had published content on such matters. It is how I discovered him.
For over a week, NOBODY from the NORWAY or UK COMPANY had contacted me with regard to the 20 September 2013 presented grievance or 14 October 2013 grievance hearing. The issue of my Tier 2 visa is brought-up in the 20 September 2013 grievance document. Indeed, the only reason relocation was likely considered in the settlement contract agreement terms and conditions was the fact that I was a foreign worker who insisted on at least being repatriated. ALL communications were through Philip Landau, who never seemed to address the stonewalling that was going on. I could not conceive of the Norway/UK Company behavior from former colleagues and so-called professionals.

20 September 2013 Grievance Document Presented to Norway / UK Company executives and also to my hired solicitor, Philip Landau. Philip was formally engaged (paid for services) on 22 October 2013.

The 24 July 2013 Ambush Letter:

I believe that Philip Landau must have been complicit in Uttering Forged Instruments. He has never explained the personnel records to me.

(Part 1, Part 2, and Part 3) was included with the 20 September 2013 presented grievance. However, the 11 September 2013 scheduled meeting was rescheduled for 20 September 2013. Among other things, this letter shows a collective conspiracy of intent by UK Company directors and secretary to bypass the UK government UK Border Agency legal reporting requirement and use forged defamatory personnel file records to harm and illegally process a termination of a Foreign Worker Whistleblower on a falsified basis. The personnel file references the 11 September 2013 meeting that never happened and omits the 20 September 2013 grievance document, except within the settlement contract agreement. Landau was reminded of this in the 24 October 2013 e-mail. I have to believe that Landau was complicit in uttering forged instruments/documents used to terminate my employment. Landau has never offered an explanation.

The 25-October-2013 MEMO is a FORGERY.  The Memo is not mentioned in a 25-October-2013 e-mail from my solicitor, Philip Landau (LZW).  Why not?  I believe Landau is compromised and allowing my legal rights to process my grievance to be denied through advocating a settlement agreement.

Landau knew that the copied recipients of the Memo had been accused within my grievance of misconduct, bullying, harassment and discrimination, along with my immediate supervisor.  There was no contact from any UK / Norway Company agents, most notably, the hosts following of the 14 October grievance hearing.  No minutes or right to appeal were ever provided, as required.  How is this possible for an experienced solicitor like Philip Landau?

It seems the entire fraud had been mapped out at this point. Nothing that I told Landau was considered. Watson, Farley and Williams’ Rhodri Thomas was gaslighting the performance narrative, even though ACAS states that both grievances and disciplinary matters c/should happen at the same time. The settlement was negotiated as a performance based settlement. The 25 October 2013 Memo was created to make it look like processes to support the performance based termination occurred. Problem is, NOBODY is INFORMING UK BORDER AGENCY, even after I bring up the matter of my Tier 2 visa MULTIPLE TIMES. NOT BEING AN EXPERT IN IMMIGRATION LAW IS IRRELEVANT. Watson, Farley and Williams is a large firm with many qualified lawyers on matters of visa’s. Why did Rhodri Thomas not question a performance based termination settlement contract agreement? The Norway/UK Company used one set of data to process the Tier 2 visa and ANOTHER FAKE SET OF FORGED DOCUMENTS to process the whistleblower termination. Conspiracy to defraud?

Two Years Too Late, Subject Access Requests to Watson, Farley & Williams and LZW confirms that Fake Data was used to process my termination settlement contract agreement.

Was Withholding my Occupational Health Nurse Report from me OK?

Philip Landau was hired to represent my interests while he was with Landau, Zeffertt, and Weir Solicitors (LZW) in October 2013.

I am a US citizen who was sponsored
on a Tier 2 visa by a UK Company in England.

On 20 September 2013 I initiated the company grievance procedure complaining of being a target of workplace bullying, harassment, discrimination, and defamation. A grievance hearing was scheduled for 14 October 2013, however, one of the accused bullies, the HR Manager, proffered me a settlement contract agreement to end the grievance procedure on 10 October 2013. I declined the offer and sought legal advice. I read an online article by Philip Landau and contacted him 11 October 2014 and provided him with a redacted copy of the grievance.

Philip Landau was Provided with a Copy of the 20 September 2013 grievance document, UK Company Personnel Handbook, and Copy of Company Core Values Prior to Settlement Contract Agreement Negotiations on my Behalf

Landau Law (London, UK Employment Solicitors) website Stress at Work

UK Company Personnel Handbook – Stress at Work Policy

Excerpts from 20 September 2013 Grievance Emphasizing “Stress”:

Norway / UK Company Core Values

Occupational Health Nurse Employee Evaluation Report – This Report was Withheld from the Employee During Settlement Contract Agreement Negotiations

DEMAND UK, NORWAY, USA LAW ENFORCEMENT INVESTIGATION

I believe that the HR personal data processors for the UK affiliate of a Norwegian geo-services company continue to process/utter non-compliant defamatory forged instruments. I also believe this was done to illegally blacklist a whistleblower. HR1 and HR2 worked in the UK HR office. HR3 worked at the USA affiliate of the Norwegian geo-services company in 2013 & 2014. C/should HR3 have legally been provided with personal data for a UK employee/Tier 2 visa holder? HR Manager in 2014 stated (Information Commissioner’s Office/ICO) HR3 was a UK company personal data processor. However, what if the personal data is inaccurate defamatory non-compliant forged documents? What if HR3 was a USA affiliate personal data processor? DPA Principle 8 would be violated, wouldn’t it? No clear answers have been provided.

Current CEO & President of Norwegian geo-services Company and Director of UK Affiliate. Also was former General Counsel and legal compliance (2013) at time of key events.

CFO & EVP of Norwegian geo-services company
and Director of UK affiliate company, 2013-present

Chief Accountant of Norwegian geo-services company and Director of UK affiliate company, 2013-present

SVP Global Human Resources of Norwegian geo-gervices company who I believe denied me a fair and legal grievance process. Instead, he protected his abusive and corrupt subordinate, HRM, from accountability for misconduct/harassment and misuse of the performance management system. He signed and processed a forged document (Memo) to support a false narrative as an illegal basis for a defamatory performance based termination, thus defrauding me and my family. This processing also defrauded the UK Border Agency. If the documents and basis for termination were true, then the UK affiliate would have been illegally sponsoring a poor performer and displacing settled UK/EEA worker. By uttering the forged documents, he has also misrepresented this data to the UK Information Commissioner’s Office (ICO) and Norwegian Data Protection Authority (DPA) as true and accurate. He uttered defamatory forged instruments outside the EEA/UK and shared with the US data processor (to confirm), also in violation of DPA. If HR3 is actually UK data processor, this was misrepresentation to both US/UK immigration.

Former Employee Representative board of directors member (EBD) of Norwegian geo-services company I do not believe fulfilled fiduciary duties and responsibilities under the Norwegian Corporate Governance Code of Practice. Evidence suggests that EBD conspired with the compliance team members to cover-up non-compliant/illegal behaviors. The EBD was copied on substantive e-mails sent to to the Norwegian geo-services Company compliance team that were never answered. Thus, EBD perverted the course of justice in allowing the continuation of abuse and blacklisting to damage the whistleblower’s professional reputation and also place the health and safety his family in danger. EBD is not a model for female executive leadership, but a co-conspirator in non-compliant and criminal activity.


EVP of Norwegian geo-gervices company was superior of subordinate accused of misconduct and non-compliant behavior within a presented grievance document. This EVP protected his abusive and corrupt subordinate, SS, from accountability for misconduct/harassment and misuse of the performance management system. He signed and processed a forged document (Memo) to support a false narrative as an illegal basis for a defamatory performance based termination, thus defrauding me and my family. This processing also defrauded the UK Border Agency. If the documents and basis for termination were true, then the UK affiliate would have been illegally sponsoring a poor performer and displacing settled UK/EEA worker. By uttering the forged documents, he has also misrepresented this data to the UK Information Commissioner’s Office (ICO) and Norwegian Data Protection Authority (DPA) as true and accurate. He uttered defamatory forged instruments outside the EEA/UK and shared with the US data processor (to confirm), also in violation of DPA. If HR3 is actually UK data processor, this was misrepresentation to both US/UK immigration.

Secretary and lawyer with UK Company affiliate when grievance was presented. This secretary was in the forefront of involvement in proffering and managing the legal processes for what I allege is a fraudulent settlement contract agreement which terminated my employment. This settlement contract agreement purposefully denied me my rights under UK employment law and contract to proceed through the legal grievance procedures outlined within the UK company personnel handbook. Forged documents were created and uttered to support a performance based termination, thus defrauding the UK Border Agency through illegally sponsoring a poor performer and displacing settled EEA workers.

Former CEO & President of Norwegian geo-services Company and Director of UK affiliate company in 2013.

The UK affiliate company has removed the Occupational Health Nurse Report from my Personnel File, as noted in correspondence to UK affiliate HR personal data processors in late 2014 when they processed a subject access request (SAR) citing the Data Protection Act 1998 (DPA).


The UK affiliate still does not address the propriety, legality or compliance issues around the 13 June 2013 Ambush Meeting. I have challenged the processes and also state that I do not have documented performance issues. If I did, how could I qualify for the Tier 2 shortage occupation list position? The 13 June 2013 Ambush Meeting minutes were never provided to ME. I wanted firm documentation to reference. The UK affiliate company authored the 24 July 2013 Ambush Letter. My presented 20 September 2013 formal grievance was my entitled response.

The OHN Report was received through issuing an Subject Access Request to the OHN. The report was never provided to me nor discussed during negotiations . It again confirms that there was an unscheduled meeting 13 Jun 2013 (i.e., Ambush Meeting). The grievance was not against my boss so much as challenging the propriety of the 13 June 2013 meeting and for my immediate supervisor to provide evidence to support the assertions made during the meeting. The meeting was hosted by the HR Manager and the boss of my boss also attended. My issues was with all three of them with respect to the meeting and performance management discussions, which I believed were unfounded (as the 20 September 2013 grievance discussed).
The Human Resource Manager never delivered this OHN report and instead withheld this report from me during negotiations. I could have made the GP appointment, but there was a rush to have me sign the settlement agreement contract. I was on garden leave from 5-31 December 2013 near the offices of the UK affiliate company and could have easily made the appointment. My solicitor, Philip Landau was complicit in the withholding of this important OHN health report.

Workplace Mobbing is Psychological Terrorism

No one deserves to be terrorized for any reason. In the workplace, mobbing is emotional and psychological terrorism deliberately inflicted on an individual with the express purpose of destroying that person emotionally, psychologically, physically, and professionally.

VALERIE ROBINS , WORKPLACE BULLYING: MOBBING IS EMOTIONAL & PSYCHOLOGICAL TERRORISM

Mobbing can only persist as long as it is allowed to persist. Organizational leadership plays the most important part in its prevention. By enforcing decency, civility, and high ethical standards in the workplace and by creating a nourishing environment, bullying and mobbing will not surface.

NOA ZANOLLI,

Extortion occurs when someone attempts to obtain money or property by threatening to commit violence, accuse the victim of a crime, or reveal private or damaging information about the victim.

Open Letter to the Board of Directors of a Norwegian Geo-Services Company (18 June 2017) was never Acknowledged nor Responded to. Responsible?

Excerpt from Norwegian geo-services UK affilate office personnel handbook. I submitted a workplace grievance to the SVP (et al.) claiming workplace bullying and professional misconduct perpetrated by HRM. The UK affiliateignored and denied all of my protections and provisions of the UK office personnel handbook (2013 Edition) as well as UK labor & contract law in their mobbing campaign and acted with arbitrary caprice in protecting unethical and illegal executive behaviors,

Overall, our predictions regarding the correlations between the Dark Triad and bullying were supported. Psychopathy was the most strongly related to bullying, followed by Machiavellianism, and narcissism

RELATIONSHIPS BETWEEN BULLYING BEHAVIOURS AND THE DARK TRIAD: A STUDY WITH ADULTS

I was represented by legal counsel, Philip Landau with LZW Law (he now is with Landau Law in London) negotiating a settlement contract agreement for my termination from employment following my submitting a workplace grievance (20 September 2013). Landau was engaged as my solicitor when this memo was created and I believe complicit in the uttering of false instruments used to support an illegal performance based termination of a US citizen employee whistleblower. Landau had been provided with all of the correct information to debunk the contents of this 25 October 2013 Memo.


5 Secrets To Spot You’re About To Be Mobbed At Work

Narcissistic Boss or Employer: Coping and Survival Tactics

https://mclip.tv/video/3_YdgSy77xY/narcissistic-boss-or-employer-coping-and-survival-tactics


https://www.listennotes.com/podcasts/hr-pills/workplace-bullying-mobbing-GtfZ3AmYEs-/

https://www.listennotes.com/podcasts/hr-pills/workplace-bullying-mobbing-GtfZ3AmYEs-/

https://blogs.psychcentral.com/recovering-narcissist/2019/03/7-gaslighting-phrases-malignant-narcissists-sociopaths-and-psychopaths-use-translated/

The most dangerous culprits of gaslighting? Malignant narcissists, who, by default, use gaslighting as a strategy to undermine the perception of their victims in order to evade accountability for their abuse. 

Shahida Arabi, Bestselling Author 

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

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The Sound of Death?

The Sound of Death?

Whaling was the oil business of its day..

Nathaniel Philbrick

The motive behind criticism often determines its validity. Those who care criticize where necessary. Those who envy criticize the moment they think that they have found a weak spot.

Criss Jami, Killosophy

The objective of marine seismic surveys is not to annoy, harm or kill cetaceans or other marine fauna.  I believe that this is an important consideration.  This was not always the relationship between human energy needs and cetaceans.  Cetaceans, or whales, are divided into two main groups: toothed whales and baleen whales.  From the 16th through the 19th century, whales were principally killed for a source of oil used as fuel in lamps.  Although the relative value of various whale products varied across time and place, whale oil was the principal economic driver of the commercial whaling industry.  The efficient killing and processing of whales was the business objective of the commercial whaling industry.  Technological developments in whaling, such as ship speed, determined which cetaceans could be hunted commercially.  There was a precipitous decline in the use of whale oils from its peak in the 19th century into the 20th century that coincides with the commercial development of the petroleum industry as a source of fuel oil and manufacturing products.  Perhaps the petroleum industry saved the lives of thousands of cetaceans and prevented the extinction of several species?  What is known is that as the source of the commodity of whale oil began to deplete, technologies to improve hunting success, as well as incentives to replace the fuel both grew. 

The objective of marine seismic surveys is to create maps of the geology to guide oil and gas drilling operations.  Seismic reflection data is used to produce these maps.  The seismic reflection method requires introducing a controlled seismic energy source into the Earth.  Each layer within the Earth reflects a portion of the wave’s energy back and allows the rest to refract through.  In the marine environment, the these reflected compressional energy waves, or sound waves, are recorded by receivers.  The points being mapped are the midpoints between the source and receiver sensor(s).  In the 1950s, marine seismic research crews would toss boxes of live dynamite off the stern of the vessel. The dynamite would explode about a hundred meters behind the ship.  This was the seismic source.  One of the crew, Stephen Chelminski, recognized how dangerous this practice was and so endeavored to find a better and safer marine seismic source.  Lives were being lost and property destroyed using the dynamite source tossed from the vessel stern.  Chelminski earned the coveted Kauffman Gold Medal Award in 1975 in recognition for his development of marine seismic airgun technology.  The most common energy source used for marine seismic surveys these days are arrays of specially placed and timed airguns.  However, in recent years, marine seismic airguns have become especially controversial due to their perceived impact on the health and well-being of cetaceans.

Technology and Methods Designed to Kill Cetaceans
Airgun Technology Designed to Aid in the Mapping of the Marine Subsurface

Whaling was banned in many countries in 1969 because some species of cetacean were near extinction.  Globally, the commercial whaling industry was essentially ended in the late 1980s.  In 1982 the International Whaling Commission (IWC) placed a moratorium on commercial whaling.  The purpose of the IWC is the conservation and safeguarding of cetaceans and other marine mammals to allow the recovery of pre-industrial whaling levels.  However, countries such as Norway, Iceland, and Japan oppose the IWC moratorium and support commercial whaling.  Aboriginal whaling is allowed to continue on a subsistence basis but not as a commercial activity.  There has been a paradigm shift from whales being regarded as a commercial commodity to becoming a spectacle.  Over the past few decades, whale watching has become a significant industry in its own.  In some countries whale watching has replaced whaling, while in others the two industries coexist.  The marine seismic airgun opponents view cetaceans as spectacles that need to be protected and preserved.  Whalers see cetaceans as a commodity.  The cultural battle grounds are in place around the world, from the protesting of marine seismic surveys offshore the east coast of the United States to The Great Australian Bight in Australia.  Airguns are currently the best energy source to use to accomplish survey objectives.  At the same time, the marine seismic survey commercial industry is relatively new and much is still unknown about its long-term impact on cetaceans and other marine animals.  Marine seismic surveyors endeavor to take measures and develop technologies to minimize the impact of their methods and equipment, such as airguns, on cetaceans, and other marine animals to satisfy customer requirements, but whose principal objective concern is analyzing and processing seismic, and other geophysical data, to produce useful maps that will reduce drilling risks. 

The [oil and gas] industry is slow to change, But certainly, I’ll be happy when it happens.

Stephen Chelminski, Geophysicist who DEveloped AIRGUN TECHNOLOGY and is currently working on marine vibrator technology

For good ideas and true innovation, you need human interaction, conflict, argument, debate.

Margaret Heffernan

As a young man, I took a trip to Seattle, Washington, USA.  In some bookshop I saw a pin that read, “Save the whales, what did the cows do wrong?”  I have been on many whale watching trips and enjoyed rare occasions of seeing cetaceans from the seismic vessels that I worked on.  I was raised and lived my younger adult life in the western US.  From this vantage point, void of any tangible socio-economic or cultural ties to whaling, whales were simply magnificent marine life visible without having to dawn scuba gear.  Cattle, on the other hand, defines the American west.  Cinema and television have glorified the rancher cowboy and cattle driver.  Cattle may roam the land of the American west, but they do so as property with “brands.”  Cattle are bred for beef, and another bred for dairy.  Beef and Dairy are traded commodities, and their population controlled through market demand.  In the US west, much of the Federal government land is leased to ranchers to graze their cattle.  Ranching and dairy production are commercial industries.  Cattle were not native to North America.  Prior to the (predominantly) European colonial conquest and expansion into western North America, bison – or buffalo – grazed the plains and grasslands.  These nomadic Native North American peoples subsisted on bison.  However, the commercial hunting of bison took the 60 million precolonial bison population to under 1000 in the late 19th century.  Private reserves and US Federal intervention prevented the extinction of the bison.  Bison population is only a small percentage of precolonial numbers.  Domestic cattle have taken over the rangeland.

Parties to the International Convention on the Regulation of Whaling (ICRW) disagree about the necessity for continuing the moratorium on the commercial hunting of whales.  In fact, some believe that commercial whaling can be good for managing cetacean populations.  Whalers recognized that over-whaling has a negative impact on profits.  So, economic self-interest ultimately led whalers to take action to conserve the resource upon which they depended.  However, the United States, Great Britain, Australia and other nations supported the moratorium on whaling, not because the need to allow for more time for cetacean population recovery and management, but because certain nations believe whales have a right to life.  And with any moratorium on seismic airgun testing, cetaceans have the right to a pleasant life.  This position is no longer a strictly environmental viewpoint, it is an ethical viewpoint.  The same young man who visited the bookshop in Seattle, also was an avid hiker and backpacker who lived in New Mexico and loved The Land of Enchantment.  In fact, I was a member of the environmental group, The Sierra Club.  The Sierra Club is known for encouraging an appreciation for nature and the environment through sponsoring and leading hikes through such areas.  In fact, I led some hikes as a member of the local chapter of the club.  Because cattle can be grazed on Federal government land, which is also land which could be used for hiking, hikers would often encounter cattle and or their excrement along the trails. 

As a hiker, I didn’t like to encounter domesticated excrement.  At the same time, I was not bothered at all to spot a deer or bighorn sheep or come across their scat.  At some point, I made a decision to become a vegetarian.  My reasoning was that if I did not want to encounter cattle poop, I could not support the industry that used the same land I enjoyed for hiking to make hamburgers an affordable food choice.  I want to add that I also ran into hunters on these trails during certain times of the year.  I always felt that hunters had a better appreciation for the environment than many environmentalists did.  Food chains need predators, and many had been killed by ranchers or other livestock owners who had a commercial interest in protecting their cattle population.  Hunters at least understand that meat doesn’t just pop-up cellophane wrapped.  It was a living creature once.  And here is my ethical dilemma with saving the whales: whales at least are free range.  Fish populations, such as northeast North America cod, have also been overfished.  Wild fish stocks have been depleted through overfishing globally and have been replaced with fish farms.  Cattle are grazed and then sent to feedlots to be fattened-up prior to slaughter.  Chicken and pigs are factory farmed.  The short lives of these creatures prior to slaughter is cruel and deplorable.  But, out of sight, out of mind.  The point is, eating KFC is likely a less ethical food choice than eating whale, if you examine the quality of life of the creature prior its being killed.  What can’t be lost is that chicken tends to also be some of the cheapest meat to buy. 

We know, at least, that this decision (ending factory farming) will help prevent deforestation, curb global warming, reduce pollution, save oil reserves, lessen the burden on rural America, decrease human rights abuses, improve public health, and help eliminate the most systematic animal abuse in history..

Jonathan Safran Foer, Eating Animals

Humans regard animals as worthy of protection only when they are on the verge of extinction.,

Paul Craig Roberts

Modern human lifestyle consumes vast amounts of energy.  Coal fueled the industrial revolution in the 18th and 19th century and powered the steam engine.  Steam engines had more to do with the demise and near extinction of both cetaceans and bison.  Faster whaling ships, coupled with both onshore and offshore processing of carcasses, made killing whales too easy – to the point that some species neared extinction.  Oil became the dominant fuel in the 20th century and remains so today.  Offshore crude oil accounts for around 30% of the global demand for oil.  According to Wikipedia, raising animals for human consumption accounts for approximately 40% of the total amount of agricultural output in industrialized countries. Grazing occupies 26% of the earth’s ice-free terrestrial surface, and feed crop production uses about one third of all arable land.  The human footprint has expanded and destroyed many natural habitats and taken a number of creatures to, or near the brink of, extinction, not only cetaceans.  The real question that needs to be addressed is what lifestyle choices of convenience are we really willing to give-up?  The majority of humans enjoy having electricity to keep all of our appliances going.  This includes our cell phones and laptop computers, as well as our refrigerators to keep food cold.  It includes our food choices.  Many humans enjoy the convenience of automobiles and airplane travel.  Saving the whales – or prioritizing their collective welfare – does not really make one an environmentalist.  There is a litany of lifestyle choices that contribute to our energy consumption that impacts the planet.  You cannot really be for saving the whales if you enjoy eating hamburgers bought at a drive-through window.

If there were no customers for offshore oil, there would be no marine seismic – or other geophysical – exploration.  There would be no need for airguns.  So, yes, let’s improve how energy is consumed.  Let’s explore and develop renewable energy resources where we can.  And let’s continue to improve the sources used in the marine seismic experiment.  Let’s try to minimize the impact that exploring for resources offshore makes.  Let’s improve our monitoring of cetaceans and make sure that airguns are not used when cetaceans are nearby.  Let’s continue to develop marine seismic vibrator’s as sources.  Marine seismic airguns have not really been used so long.  The real impact on the different species of cetaceans is not fully understood.  Nevertheless, concerns must be listened to and addressed.  Those in the marine seismic industry, or offshore oil and gas industry, are not focused on destroying the environment or in harming cetaceans.  That’s not the objective.  The objective is to make better maps so that drilling is safer and less risky.  Protesting over activities that you do not agree with is important for citizens.  But, protesting offshore activity is only meaningful when it is accompanied by a supporting lifestyle choice.  Protesting airguns will only make a difference if your personal lifestyle choices do not include the necessity for offshore oil.  And when this is true, marine airgun exploration will be unnecessary.

Man’s law changes with his understanding of man. Only the laws of the spirit remain always the same..

Native American Crow Tribe Saying

Forests and meat animals compete for the same land. The prodigious appetite of the affluent nations for meat means that agribusiness can pay more than those who want to preserve or restore the forest. We are, quite literally, gambling with the future of our planet – for the sake of hamburgers,

Peter Singer, Animal Liberation

Submitting Grievances and Whistleblowing as a Foreign Worker

Submitting Workplace Grievances and Whistleblowing as a Foreign Worker

The Ambush Meeting

Submitting Grievances and Whistleblowing as a Foreign Worker – Part One

By administrative-injustice-legal-blame’ model I mean ‘investigations’ focusing on finding ‘unreasonable’ actions influenced by the negligence Bolam definition of failing and which results in un-remediated ‘injustice’.  This whole model is inherited from negligence claims and is very different and often totally contrary to the goal of finding out why harm was caused and how to prevent it.

Richard von Abendorff, Why finding ‘maladministration’ is a flawed model

It is worth mentioning that compromise agreements, at whatever level, are used widely in the NHS, the private sector and other parts of the public sector. That does not necessarily mean that someone has been stopped from speaking about patient safety, and to connect the two all the time is erroneous and wrong.

David Nicholson, The price of silence: to what extent is the NHS gagging whistleblowers?

Question:
Can a UK employer legally simultaneously apply to continue sponsoring a foreign worker on a Tier 2 SOL Visa (15 July 2013) as well as initiate disciplinary actions based on poor performance (13 June 2013)?

As a US citizen, I was sponsored for employment by a company in England whose parent company is based in Norway. The initial three-year sponsorship was ending, and I was applying for a leave to remainor to renew my and my dependent family member visas. The company in England was in the process of renewing their sponsorship of my Tier 2 visa. The application process based on Shortage Occupation List (SOL) was not trivial nor inexpensive and required the intentional and directed involvement of company agents. The company had even engaged a legal firm specializing in Tier 2 visa sponsorship to review the documentation submitted to the UK Border Agency to facilitate a successful application process so that I could legally work in the UK. The process additionally included processing applications for my dependent wife and school aged children. Of course, as one can imagine, as a foreign worker especially, the visa application renewal process was a principal concern and interest of mine.

Unfortunately, there had been issues in the workplace for several months. These issues came to a head about a month before (13 June 2013) my leave to remain application processing and continued Tier 2 sponsorship had been approved. I had been invited to a distressing meeting on very short notice by the human resources (HR) manager, my first line supervisor, and his boss. Following this watershed event in my working life, I sent an e-mail and requested an explanation as to what had just happened from the HR Manager? I was denied all of my requests made within my e-mail to the HR Manager. Many troubling assertions were made during this meeting, and I wanted to address them head-on. Most notable of my requests was whether the meeting was compliant to the company’s policy and procedures. Given the tone and topic of the meeting, it seemed unconscionable to me that minutes were being withheld. I knew at this point that something wrong was happening to me, but I was powerless because my legal right of redress was being perverted and obstructed. I was near positive that policy and procedures and my rights under contract of employment were being breached.


The PGS Exploration (UK) Limited [PGSUK] Workplace Bully/Bullies Ambush Meeting. Minutes of the meeting were withheld. PGSUK never addressed whether the meeting followed PGSUK policy and procedures. Why?

What if the meeting was not compliant to the company’s policy and procedures? What was the legality of being denied constructive, correct and thorough answers to workplace questions in a timely and professional manner? Would I have been submitting a workplace grievance or blowing the whistle? At the time, I had no idea what was happening to me. I have a better idea now, years too late, through reading about topics of workplace bullying, harassment and abuse. What I had just experienced is referred to in bullying literature as an ambush meeting, a tactic often (always!) used by workplace bullies against their targets. The HR manager was intentionally obfuscating the event which he likely knew very well was neither compliant nor legal under law and employment contract. The HR manager was now misdirecting the event to become a disciplinary action rather than a grievance. But, I was a foreign worker being sponsored under Tier 2 SOL visa provisions. The employer had made legal claims regarding my competence and abilities to the UK Border Agency that allowed me to work in the UK and displace a local worker. Simply, it did not make sense that a “poor performer” could be legally employed on a Tier 2 visa. Could they? BUT, poor performance is a legitimate reason to terminate an normal resident employee in the UK. This is what the HR manager knew very well!

Workplace Bully Ambush Meeting – IMG 1/2
Workplace Bully Ambush Meeting – IMG 2/2
Ambush Meeting – Workplace Bullying Institute (WBI) Namie Video

There are things you learn best in calm, and some in storm.

Willa Cather

In my work with the defendants, I was searching for the nature of evil and I now think I have come close to defining it. A lack of empathy. It’s the one characteristic that connects all the defendants, a genuine incapacity to feel with their fellow men.

Captain G. M. Gilbert, the Army psychologist , Nuremberg trails (1945-1949)
Recommended Workplace Grievance Process – Headline
How UK Employers Should Deal with Grievances – ACAS

HR Manager Response to Ambush Meeting Query. My career and reputation was being threatened, but supporting documentation was intentionally withheld to pervert the course of justice / obstruct my legal right under contract to file a grievance.

Can a UK employer legally simultaneously apply to continue sponsoring a foreign worker on a Tier 2 SOL Visa (15 July 2013) as well as initiate disciplinary actions based on poor performance (13 June 2013)? I had never been provided with information by the HR manager or company directors which definitively addressed these important issues constructively. I never received confirmation that company policy and procedures, as well as UK labor standards were being followed. Mind you, the bullies through HR were essentially threatening my professional reputation and livelihood during the meeting. Yet, in spite of the seriousness of the matter, I was being intentionally denied information and documentation to act on. I saw this all as unfair, unreasonable, and unprofessional. I still do. The company had challenged me to a duel, but was not allowing me to defend myself. It clearly was a violation of the company’s published Core Values and Code of Conduct. Further to this, I was a foreigner in a foreign land being treated this way, which made it all even more distressing.

These presented e-mails showed that there was a conspiracy to withhold actionable information from an employee. (This information was discovered through a Data Protection Act 1998 subject access request.) The employee had essentially been forced to leave their employment because of misrepresentations (lies) and withholding of actionable information, such as the ambush meeting minutes. Isn’t this fraud? In lieu of the minutes to the 13 June 2013 ambush meeting, a letter was written that captured many of the (unsubstantiated) claims which were made during the meeting. What was not immediately apparent at the time was that the letter had transcended the ambush meeting participants. The letter was written and signed by the manager of HR on behalf of the UK company. The UK company was directed by Norwegian parent company executives, including the CEO/President and the CFO/EVP (executive vice-president). A lawyer who worked for the UK company served as secretary. So, this lawyer essentially wrote the letter signed by the HR Manager (24 July 2013). Therefore, if there was a breach in policy, procedure, or employment and contract law, it was not only understood and approved by these company directors and secretary, but was part of a nefarious (criminal?) conspiracy. In other words, any non-compliance or breach in policy or law would have been carried out intentionally and with comprehension of any legal violations or ramifications. This would include any duplicitous information provided to UK Border Agency to affect the Tier 2 SOL visa.


Bullies Ambush Meeting Conspiracy and Cover-up. Meeting participants are denying me my legal right to complain.

Bullies Ambush Meeting Conspiracy and Cover-up. Meeting participants are denying me my legal right to complain. (First Mail – discovered through a subject access request (SAR) citing the UK Data Protection Act 1998 in October-December 2014.
Bullies Ambush Meeting Conspiracy and Cover-up. Meeting participants are denying me my legal right to complain. (Second Mail – discovered through a subject access request (SAR) citing the UK Data Protection Act 1998 in October-December 2014.

Ambush Letter produced in Lieu of Providing Requested Ambush Meeting (13 June 2013) Minutes – Part 1
Ambush Letter produced in Lieu of Providing Requested Ambush Meeting (13 June 2013) Minutes – Part 2

Ambush Letter produced in Lieu of Providing Requested Ambush Meeting (13 June 2013) Minutes – End of Letter Part 3
The UK Companies Act 2006 – General Duties of Directors
UK Companies Act 2006 – Role of Secretary
Code of Conduct – UK Law Society
UK Whistleblowing – Public Interest Disclosure Act [PIDA]
The Norwegian Code of Practice for Corporate Governance – Ethics
Whistleblowing and Norway’s Working Environment Act 2015

As a foreign worker, the mistreatment was very distressing. At the time, I was unfamiliar with the concept of workplace bullying, mobbing, and the tactic of the ambush meeting. At the same time, I had been an employee most of my life and had a conceptual understanding of fair and legal employment practices. Prior to my work in the marine seismic survey industry, I had been employed with various entities under or contracted by the US Department of Defense (DoD). During that time I had completed management training which covered US employment laws and best practices. Work attached to the US Federal government is especially sensitive to issues that would place the US government, as an employer or contractor, in legal jeopardy. I also understood the importance of proper and justified documentation. Even though US employment is known to be at will, it did not mean that employee rights could completely be trampled on. However, in the UK my employment was bound by an employment contract which is supposed to provide more worker protections and avenues of redress. I can honestly say that I did not completely understand the performance improvement plan, except that I reasoned that it could not be put into effect unless it was backed thoroughly by documented evidence. I was confident that no such evidence or justification existed. I had never experienced HR being so involved in the evaluation of my work performance. I did not even work with the HR department and the HR Manager had no direct knowledge of my work. I remained committed to follow through on my initial instinct and challenge and respond to the propriety and merits of the Investigation into possible implementation of a performance improvement plan (PIP) with a grievance.

At this point, it’s really important that you don’t get caught up in shaming or blaming. Just answer the question and give your spouse or partner room to do to the same. You are simply noticing what aligns with your values and what doesn’t.

CaRL RICHARDS

Your relationship with your line manager may give a clue as to the real reason for the PIP. The importance of workplace relationships should not be underestimated; it is frequently the case that contention in the workplace is down to a personality clash. Many individuals who are put on a PIP can cite an underlying motive which has nothing to do with the standard of their work and more a breakdown of personalities.

Philip landau
The Geo-Services Industry

Paul Pelletier – Public Salon: – Workplace Bullying

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Institutional Betrayal, DARVO, Workplace Mobbing, Gaslighting, and the Geo-Services Professional

One trick is to pull a little bait and switch on your own brain. It goes like this: When the urge comes to do the counterproductive thing, don’t resist. Instead, replace.

Carl Richards

When a person trusts that a system designed to defend, respond, protect, or seek justice will do its job after an interpersonal trauma, and when that system either chooses not to respond (omission) or worse, chooses to lay blame at the feet of the victim (commission), institutional betrayal occurs.

Phil Monroe, Institutional Betrayal: Secret Ingredient to PTSD

According to research by psychologist Jennifer Freyd, PhD, when wrong-doers are confronted with their acts (which may be criminal), they show a pattern that can be abbreviated as DARVO, which stands for Deny, Attack, and Reverse Victim and Offender.  Victims of wrong-doers have a need for the truth to be revealed and for justice.  But, the proclivity of the toxic and narcissistic organization is to suppress such truth, protect the wrong-doers and evade responsibility by denying the truth and attacking the victim.  Therefore, rather than a victim making specific public allegations that will invoke such focused attacks and reprisals, it is perhaps safer and more productive to illuminate patterns of behavior, grounded in research, that will enlighten and protect potential future victims of institutional betrayal, while giving credence to current victims’ narratives.   In institutional betrayal, power and prestige within the institution is preserved through protecting the wrong-doer over the victim.  Victims place their trust in institutions based on expectations that the institution is worthy of their trust.  Stakeholders in the institution trust that the published institution core values, policy, and procedures are in place to protect their own, as well as other institutional stakeholder’s, vested interests.  After all, the main objective of publishing such information within business proposals and annual reports is to inculcate such feelings of trust in the values of the institution and its leadership.  When institutions do not respond in accordance to their espoused values, they betray this trust and in such cases, this betrayal of trust can be more traumatizing to the victims than the initial perpetrated wrong-doing, according to Betrayal Trauma Theory (BTT).   

Institutional DARVO
Institutional Betrayal

Mobbing is the nonsexual harassment of a coworker by a group of other workers or members of an organization of the one who is targeted.  The term psychological terrorism is also used to describe workplace mobbing.  Mobbing is not a conflict over facts and reasons.  Mobbing is a form of genocide where the objective is to eliminate the target that poses a threat to the power structure, influence, and reputation of the institution, and more precisely, its leadership.  Workplace mobbing tactics often are used against whistleblowers – workers who report concerns about illegal or unethical behavior in the workplace.  Mobbing requires the support of top management.  Mobbing cannot be sustained without the permission and/or direction from top-management.  The damage done to a person through workplace mobbing is an injury, not an illness.  Fundamentally, it is a workplace health and safety issue.  Therefore, there is always an effort by top-management to skirt responsibility and accountability for their intentional or negligent injurious actions.  The objective is to make the workplace so miserable for the target that they will leave voluntarily without a fight.  Workplace mobbing and bullying results in a number of health injuries and consequences for both the target, as well as his/her family.   The fabric of relationships within the organization is damaged and the victim of mobbing has suffered an injury that can be life threatening.  Victims of mobbing are documented to become ill and die prematurely or commit suicide.  Mobbing is violent health-harming abuse perpetrated through the abuse of authoritative power and a profound breach of trust.

Gaslighting is an insidiously cruel form of sociopathic narcissistic psychological manipulation and abuse often practiced to gain power and control over a target.   The objective of the gaslighting is to cause the target to lose their sense of identity and perception of what’s really happening around them.  The term originates from the 1938 stage play, GaslightIn the play, a husband dims the gas lights while he searches for jewels that he believes were hidden in the attic by his wife’s aunt, who was murdered in the apartment which his wife inherited.  The wife notices the dimming gas light, as well as other strange goings-on.  The husband tries to persuade her that she is imagining the light change, and other things.  The objective is to replace the truth with a lie.  The term gaslighting is now used colloquially to describe efforts to manipulate someone’s perception of reality.  Gaslighter’s will use persistent lying, denial, misdirection and contradiction to destabilize the victim’s beliefs and make them doubt their perceptions of events.  In the workplace, for instance, an individual who reports or discloses being harassed and bullied, or other workplace behaviors that may contradict their understanding of policy, or even the law, may become targets of gaslighting.  Gaslighter’s may try to make the victim believe that no wrong-doing has occurred and that they are just coping badly with “work performance” or other unrelated issues.  Gaslighting and workplace mobbing, or gang-bullying, can be applied together in a collective effort to force the target out of their job in retaliation for disclosing and revealing such wrong doing.  Mobbing and gaslighting are tactics used to force whistleblowers out of the workplace.

DARVO also exists on an organizational level. When a company or organization is complicit with the accused who employs the same strategy, it’s “institutional DARVO,” and what Freyd calls a form of betrayal.

Ashley Judd

And leadership is even more frightened that they might lose power, so any signs of “trouble” can easily be perceived as threats to that power.

Janice Harper, PhD, Just Us Justice

What is the difference between lying and fraud?  At what point does telling lies go from being a poor decision to a violation of the law?  Fraud is an intentional false representation intended to mislead the receiver to their detriment.  Courts will often look at what the liar(s) gain if the lie is believed and what harm is caused to the person who relied on truthful information.  If the victim believed the lie and acted as if it were true and suffered some sort of injury because of the betrayal in trust, there could be liability for fraud.  Denying or ignoring the truthful narrative of a victim is a lie and a betrayal, and a particularly pernicious form of denial is DARVO.  Organizations, like people, have an incentive to protect their ideal image.  Organizations have attributes and personalities formed by the decisions and actions of directors and top-management.  It is these decisions and actions which form the institution or corporate character.  This is not to be confused with the published corporate values, mission statements, and annual reports, which are created to form an ideal perception of the corporate character.  Narcissism describes a self-absorbed person.  Narcissists are prone to frequent lies and exaggerations and enjoy getting away with violating rules and social norms.  Narcissists project a false idealized image of themselves and use or control others as an extension of themselves.  The narcissistic organization becomes similarly self-absorbed in protecting an ideal identity above dealing with contrasting reality.  When agents of organizations gang-bully and gaslight targets in the workplace, it above all involves a conspiratorial myriad of intentional false representations intended to mislead and change the targets perception of true events to their detriment.

Participants in the atrocities and genocide carried out by Nazi Germany justified their actions on following the orders of superiors, or obedience to authority.  Could it be that the millions of accomplices in the Holocaust were just following orders?  In 1961, US Yale University psychologist, Stanley Milgram, began his famous experiments into analyzing obedience to authority.  The Milgram Experiment wanted to determine if ordinary people are likely to follow orders given by an authority figure, even to the extent of killing an innocent human being.  Obedience to authority is ingrained in us all from the way we are brought up.  People tend to obey orders from other people if they recognize their authority as morally right and/or legally based. This response to legitimate authority is learned in a variety of situations, for example in the family, school, and workplace.  The experiment concluded that ordinary people are likely to follow orders given by an authority figure, even to the extent of killing an innocent human being.  Ordinary kind and humane people can easily become sadistic under certain conditions.  When someone in a position of leadership makes it clear that certain individuals are undesirable, these targets may be mistreated, shunned, and even falsely accused of misconduct and crimes.  If people believe that they will not be held accountable for their actions, and the more they see others acting aggressively without sanction, the more likely they will behave aggressively.  However, if people were reminded that they had responsibility for their own actions, almost none of them were prepared to obey. 

It is important to remember that the heinous genocide and elimination of those deemed socially undesirable during of the Holocaust was not only legal, but also a principal objective of the authoritative Nazi regime in power.  There was, and would have been, reprisal and punishment to those citizens who thwarted those objectives.  Nevertheless, many charged in carrying out these objectives were punished, and even executed, following the Allied trials that followed the conclusion of the Allied victory of World War 2.  In the Milgram experiment, teacher subjects were allowed to dispense punishment to “learners” under the direction and authority of the Yale University researcher.  Yale University’s reputation provided additional allegiance and obedience to follow these instructions.  Further, the teachers were not enfranchised in the Yale University organization.  They were not fellow researchers with an understanding of the experiment or knowledge of human psychology.  Mobbing and gaslighting behavior may be authorized by leaders – those holding authoritative decision-making power – of organizations, but those who follow the sole instruction of authority are also agents who have pronounced their commitment to uphold laws, organization policy, and organization values. 

We should never forget that everything Adolph Hitler did in Germany was “legal” and everything the Hungarian freedom fighters did in Hungary was “illegal.” It was “illegal” to aid and comfort a Jew in Hitler’s Germany.

Martin Luther King, Jr.

Retaliation against whistleblowers is common and severe and includes negative job performance evaluations, micromanagement, isolation, loss of job, and blacklisting.

Kathy Ahern, PhD., RN, Institutional Betrayal and Gaslighting: Why Whistleblowers are So Traumatized

Gang-bullies and gaslighter’s breach all of these commitments and provide their allegiance to corrupt wrong-doers with authoritative power.  Categorically, this not “professional” behavior.  Beyond this, the law and organization policy most certainly advocate the intervention by professionals to not follow lawless, arbitrary and capricious authority that can seriously endanger the health and well-being of a coworker.  For any policy not to state this would be malpractice.   (This was not the case in Nazi Germany.)  Joining the mob and protecting corrupt leadership may enable employees to secure benefit and promotions for helping management eliminate a “difficult” employee – the whistleblower – or the target of discriminatory or abusive treatment.  Isn’t this bribery for the purpose of perverting the course of justice? Anyone who threatens the narcissistic delusion of the organization has put themselves in jeopardy.  In a safe and functional organization, disclosures are handled according to both the law and policy.  Whistleblowing tends to refer to disclosures which are not handled appropriately and result in acts of retaliation and reprisal against those who make protected disclosures.  So, why is providing protected disclosure – or whistleblowing – about organization wrong-doing so dangerous and damaging for professionals who do so, when just the opposite should be true?

Transparency International, U4 Expert Report

When what should happen is quite the opposite to what the employee who discloses wrong-doing is experiencing, cognitive dissonance is created.  There is a betrayal of trust which undermines one’s sense of reality and confidence.  Most whistleblowers disclose with the belief that the organization leadership will be just as troubled by the reported behavior as they are.  The whistleblower has been promised by the organization that disclosures will be handled fairly and effectively.  It is a legal and fiduciary promise made by leadership.  When the whistleblower begins to see the published proclamations as false assurances and is at the receiving end of unabashed reprisals, this distresses the whistleblower immensely.  Many whistleblowers experience long-term Complex Post Traumatic Stress Disorder (C-PTSD).  Disclosing organization wrong-doing often implicates higher level executives, directly or indirectly.  DARVO occurs when the perpetrator, which could be an organization, literally accuses the victim of doing something specific that they did.  For instance, if you accuse perpetrators of defamation for evaluating your performance arbitrarily and not in accordance to the organization performance management system, as is common for workplace bullies and the mob, the perpetrator will deny the bullying and claim your accusations are defamatory.  The organization will protect the improperly empowered wrong-doers.  There will be no fair investigation or resolution, in contradiction to the written policy.  The victim of harassment/bullying by the mob will likely be terminated and blacklisted, all the while the narcissistic organization will preserve the myth of being guided by high values and fairness.  This is an orchestrated deception.

Betrayal is very threatening to our survival as humans.  When former colleagues and professionals assist in the elimination of the betrayed target, it comes as a shock.  It is very painful and confusing to the target who cannot understand what’s going on?  The betrayed target is likely to be enraged at the trusted institution and fellow employees who have breached their trust and demonstrated cowardice and lack of moral fortitude.  Once former colleagues align themselves with the immoral mob, there can be no redemption.  An initial moment of guilt may occur with the initial small betrayal.  This is followed by anger at the target because being angry with the corrupted power structure and calling them out is too risky.  The anger is fueled by fear and guilt that they have become accomplices in evil and compromised their own principles by betraying the target.  Following the initial betrayal, the subsequent lies and betrayals increase in intensity.  The problem is that eventually the betrayals will be discovered.  The mob must create justifications for their decisions that support the false narrative of events aligned with the corrupt power structure that oversaw the gaslighting and manipulation in the workplace which was orchestrated to eliminate the target.  The mob would like to frame the targets reaction as unhinged, when it is entirely normal for a betrayed person or victim to act as a betrayed person or victim.  The participants within the mob must collectively maintain the mythological institution identity or face internal or external legal reprisals and accountability.  They do this knowingly to protect a hypocritical and corrupted power structure and false institution identity at the expense of the victim.                          

Every life is a test but, in the workplace, few are tested more than whistleblowers.  The act of whistleblowing is a comprehensive test of the whistleblower’s values, loyalties, and above all their self-worth.  The whistleblower who survives, survives these tests. 

K. R. Sawyer, The Test Called Whistleblowing

Whistleblowers are “not” wimps. They are mighty men and women of valor as Jesus Christ was when He overturned the tables of “The Den of Thieves” who were using His Father’s House to make money.

Margaret Kannaday, Jesus: The Whistleblower

Mistreatment of workers in the workplace has always existed.  At the same time, more recently a growing attention has been given to issues such as workplace harassment, bullying, and mobbing.   In 1976, Carroll M. Brodsky, a psychologist and anthropologist, opened the discussion of workplace abuse with his book The Harassed Worker looking at the outcomes and accidents from worker stress and exhaustion.  In the mid-1980s research by psychologist and pedagogist Heinz Leymann began further investigating workplace stress and introduced our modern concept of workplace bullying and mobbing.  Workplace bullying and mobbing are identified as principal workplace health and safety hazards.  Workplace environments where mobbing and bullying occur have been antecedent to both the Piper Alpha (1988) and the Deepwater Horizon (2010) offshore oil rig disasters.  The Piper Alpha disaster cost the lives of 167 offshore workers and was the deadliest offshore disaster.  The Deepwater Horizon is the largest offshore environmental disaster and it also cost the lives of eleven (11) offshore workers.  Workplaces environments where there are feelings of economic uncertainty from downsizing and restructuring leave fewer people to do more work and also make the competition for positions intense seem to fuel harassment, bullying and mobbing cultures.  While the cyclic oil and gas industry that employs geo-services professionals is not unique in terms of harvesting workplace conditions conducive to workplace harassment, bullying and mobbing, but is especially susceptible during down cycles which exacerbate uncertainty.

Much of the research work by Freyd focuses on sexual offenders and identifies a form of institutional betrayal, which is a negative reaction when an assault is reported.  This negative response by the organization adds additional trauma to the victim beyond the interpersonal violation.  The comment that is often heard, “The rape was bad, but what was even worse was how I was treated after the rape occurred.”  Institutional DARVO occurs when DARVO is committed by an institution (or with institutional complicity).  Institutional DARVO is when an institution minimizes – sometimes to the point of ignoring – the harms done to the victim(s) and frames the alleged perpetrations in such a way to blame the victim and protect the perpetrators.  An example of institutional DARVO would include to institutional leaders responding to disclosures by gaslighting victims into thinking they do not have a sufficient understanding of policy and practice and that there was no non-compliant or illegal behavior.  In the case of bullying and mobbing, the ruse of “poor performance” is often used as a justification for mistreatment.  Institutions may also obstruct the victims redress through outright lying about policy and legal obligations of the institution.  Institution betrayal really boils down to leadership corrupting the processes of redress in order to avoid culpability.  The institution does not follow their own rules and decisions are made with arbitrary caprice. 

Milgram demonstrated the power of authority over the minds and wills of ordinary people.  Milgram’s experiment was conducted following the trial of Otto Adolf Eichmann in Jerusalem.  Eichmann was executed in 1962.  The trial was followed closely by the media and was the inspiration for several books.  One of the more famous books was written by Hannah Arendt.  Arendt’s Eichmann in Jerusalem coined the phrase “the banality of evil” to describe Eichmann.  Banal evil is characterized by a belief that what one is doing is not evil, rather, what they are engaging in is a behavior that is, or has been, normalized by the society in which they reside.  The horrors of the Holocaust, to which Eichmann assisted through overseeing the deportation of many of the Jewish population to the Auschwitz concentration camp, resulted in the murder of about 75 percent upon arrival.  Eichmann was loyally following the laws and carrying out the evil objectives of the Nazi regime.  Institutional betrayal and acts of psychological violence in the workplace, such as harassment, mobbing and bullying is different.  Those who follow the evil dictates of authority are usually acting against the policy and laws.  Such “professionals” are actively and willingly complicit in the destruction of the victim’s professional life and reputation, as well as the family and loved one’s who depend on their betrayed victims.  These acts are evil.  Such behavior is only normalized through the indifference of legal authorities to pursue such evil institution leadership and mob participants.  Scientific research has determined proclivities and patterns followed by abusers and criminals.  Now, institutional governance bodies and law enforcement must actively embrace the research and the body of knowledge it provides to aid victims.  For institutional governance and law enforcement not to do so is a further betrayal to victims and a miscarriage of justice.  Being a victim or doing the right thing should not be dangerous. 

The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.

Hannah Arendt

Consecrated persons, chosen by God to guide souls to salvation, let themselves be dominated by their human frailty or sickness and thus become tools of Satan.

Pope Francis, 2019 Sex Abuse Summit

No Narcissists in Geo-Services – NONGS

No Narcissists in Geo-Services (NoNGS)

No Psychopaths in Geo-Services
Characteristics of Psychopaths
No Bullies in Geo-Service (NoBGS)

…  we argue that organizations can adopt collective narcissistic identities that will produce wrong (i.e., non-virtuous) behavior. This happens because the organization’s narcissistic identity—including the corresponding motive to protect its identity—is more powerful than a motive to behave morally

Extreme narcissistic organizations want to appear ethical because appearing ethical feeds their narcissism, and so the costs of creating formal ethics programs are small compared to the ego-defense benefits. But such programs are instrumental for the narcissistic identity, not ethical conduct, and therefore will not much affect the behavioral status quo. ~ Organizational Narcissism and Virtuous Behavior

Why Enterprise Compliance Programs Fail (24-April-2016)

Our Deepwater Horizon (4-April-2016)

Workplace Bullying is an Agency Problem and Often a Crime (1-February-2016)

Between the Bully and the Deep Blue Sea (5-June-2015)

Avoiding the Tragedy of Whistleblowing
Bribery – Wikipedia

Bribery is the act of giving or receiving something of value in exchange for some kind of influence or action in return, that the recipient would otherwise not offer. Bribery is defined by Black’s Law Dictionary as the offeringgivingreceiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legalduty.[1] Essentially, bribery is offering to do something for someone for the expressed purpose of receiving something in exchange. – Wikipedia

It is unethical for a lawyer to threaten to present criminal, administrative or disciplinary charges to obtain advantage in a civil dispute.  Blackmail consists of threats made to gain anything of value from the other person, such as money, property or sexual favors.  Extortion constitutes a threat to accuse someone of a crime, or to expose or impute to him/her any significant misconduct, accompanied by a demand for payment “or else.”

Shearing the Trough in Marine Seismic Streamer Acquisition with Nodes

Ocean Bottom Node Seismic Acquisition Challenges High-end Seismic Streamer Acquisition

History is so important. It has been said that the three most important words in the English language are “remember, remember, remember.” 

Chances multiply when you take them.

Since May 2015, MarineSeismicSurvey (MSS) blog articles have mostly focused on the marine seismic streamer market as a gauge of the health and trend of offshore geophysical exploration.  However, marine seismic streamer activity can no longer be considered singularly in such analysis.  The growing ocean bottom seismic (OBS) market, being forged by ocean bottom node (OBN) technologies, must be taken into account moving forward.  The percentage share of OBS in the marine seismic survey market has been increasing over the past decade, and some analysts are predicting that OBS will command a 30% marine seismic survey market share by 2020 with its continued rise.  This is remarkable for several reasons.  The plunge in oil prices in mid-2014 significantly impacted marine geophysical exploration.  However, marine geophysical exploration has historically been a boom or bust business defined through a litany of bankruptcies, mergers, and acquisitions.  Oil prices have always been cyclic.  Therefore, the trend and buoyancy of the marine geophysical exploration survey industry remains a good indicator for the overall trends and health of the offshore oil and gas industry. 

Marine seismic surveys, in simple terms, map the subsurface points between a source and receiver(s).  For some time, the most time-efficient and cost-effective way to map these points is through narrow azimuth (NAZ) streamer acquisition.  Standard NAZ marine seismic acquisition is where source(s) and streamers are towed together behind a single vessel.  It is principally the cost of the seismic vessel and seismic in-sea equipment that determines the price of a survey.  Surveys are priced on a day rate, square kilometer rate, or the number of these “mid-points”, or common depth points (CDPs) mapped.  Because each source, almost always an air gun blast or “shot”, maps to the number of receiver sensors located on the streamer cables, there has been an incentive to tow as many streamers as possible to reduce time and costs of marine seismic surveys.  To facilitate this, newer marine seismic streamer vessels have steadily become larger and more powerful.  They are also more expensive to equip and operate.  OBS acquisition has been slower and more expensive method.  However, OBS is seen to provide better data quality.  There have been notable technology innovations introduced into the marine seismic streamer market during the past decade to improve data quality.  Similarly, more powerful computing power has improved final data quality and imaging of marine seismic streamer acquisition.

The marine seismic streamer market has always been tenuous and competitive.  In late 2013, CGG acquired Fugro GeoScience’s marine seismic streamer fleet.  Fugro exited the marine seismic streamer market before the mid-2014 plunge in oil prices.  However, they retained their OBS capability as a joint venture with CGG which is Seabed GeoSolutions.  OBS data was regarded as “better” because it was derived from multi-component (2-4) sensors, whereas seismic streamer data sensors were single component.  One of the problems with marine seismic streamer data was the loss of recorded bandwidth which correlates to depth that sources and streamers are towed.  This loss of bandwidth is known as a “ghost notch” caused from upcoming energy cancelling down-coming energy from the water surface.  In 2007, a dual-sensor towed streamer was introduced into the market that could rival OBS data quality.  In 2009, the first dual-sensor 3D survey was carried out, ushering in an industry wide embrace of “broadband” seismic streamer data.  Another way to acquire broadband seismic data from single-sensor streamers is through varying the depth of the streamers and then applying sophisticated data processing algorithms.  In 2013, a 4-component streamer was introduced into the market. As vessels got larger and towed larger spreads, there also became a need for improved streamer control equipment. 

Innovation distinguishes between a leader and a follower.

Steve Jobs

We are witnessing a seismic change in consumer behavior. That change is being brought about by technology and the access people have to information.

Howard Schultz

While there have been remarkable innovations and advances in marine seismic streamer acquisition technologies and techniques, advances have also been made in OBS that are together transforming marine geophysical business model paradigms.  In a competitive market, innovation is essential.  However, conservative concession operators have shown a reluctance to pay any premium for such innovations.  Within the MSS blog article, Toward a New Horizon in the Marine Seismic Streamer Industry (24-January-2018), we reminisced about Schlumberger’s seismic acquisition entity, WesternGeco (WG)’s, history and their contributions to the marine seismic industry.  Schlumberger’s CEO, Paal Kibsgaard, announced that the company would exit the marine and land acquisition businesses in January 2018.  The reason essentially boiled down to the return on investment developing and deploying innovative technologies.  The MSS blog article, Upstream Exploration and the Paradox of Choice (5-June-2015), describes how the operator competitive bidding process discourages more expensive innovative proprietary technologies until they are commoditized and offered by a variety of service company providers.  An example of this is in the variety of solutions offered for marine broadband streamer acquisition.  Broadband is commoditized, the specific techniques and equipment used are distinct and vary in equipment and operational costs.

On 15 November 2018, it was announced that relative newcomer, Shearwater GeoServices (Shearwater), had completed the acquisition of the marine seismic acquisition and operations of WG.  Shearwater’s portfolio now includes marine seismic streamer, as well as ocean bottom seismic (OBS) exploration services.  On 27 December 2018, seismic streamer player, Polarcus, announced their winning a combined towed streamer and ocean bottom node (OBN) contract that they will perform cooperatively with SAE Exploration.   Earlier, 7 December 2018, ocean bottom node player, Magseis, acquired Fairfield’s Seismic Technologies data acquisition business to become Magseis Fairfield.  These moves in late 2018 have redefined the marine seismic industry.  Both Magseis and Shearwater are both relative newcomers to their respective principal markets.  Through their acquiring additional marine data acquisition resources, they are now both dominant players.  Shearwater added seven (7) marine seismic streamer vessels to their fleet, as well as three (3) multipurpose source and OBS vessels.  MagSeisFairfield will also have a dominant position in the OBS/OBN market.   

Schlumberger made a decision to exit the data acquisition game.  It has been my position since my first blog post article, The Seismic Vessel Over-Capacity Problem (5-May-2015) that the marine seismic streamer market provides a snapshot of the trends and health of offshore development and overall oil and gas spending and growth.  Both Schlumberger (of which WG was a part) and Fairfield will continue to have a presence in providing seismic data processing, imaging, and multi-client (MC) products and services.  Both Schlumberger and Fairfield are innovators of proprietary technologies in marine seismic acquisition and are currently pursuing claims of patent infringement against their rivals.  Schlumberger’s is challenging ION streamer control technology.  Fairfield’s recent claim of patent infringement of their OBN acquisition technology by Seabed GeoSolutions (SG) are current examples.  Both Shearwater and MagSeisFairfield will quite possibly be in sole possession of cutting edge proprietary data acquisition technologies. 

A century ago, petroleum – what we call oil – was just an obscure commodity; today it is almost as vital to human existence as water.

James Buchan

I think frugality drives innovation, just like other constraints do. One of the only ways to get out of a tight box is to invent your way out.

JefF Bezos

The plunge in oil prices in mid-2014 led most seismic streamer acquisition vessel owners to reduce the number of operating vessels to adapt to the reduced offshore exploration opportunities.  In the near-term, this took a large fleet of capable vessels and equipment off the market.  With reduced demand for oil exploration, seismic streamer vessel fleets have been decimated.  The marine seismic acquisition equation has changed significantly.  Over-capacity in the marine seismic streamer vessel market exists when the number of vessels (streamers) in the market is greater than the demand for data acquisition surveys that will employ such vessels.  In a robust demand market, larger fleets could be deployed strategically to minimize costly uncompensated transit times between surveys.  Equipped streamer vessels are expensive to maintain.  The objective is always to keep vessels working and reduce transit time.  If the marine seismic vessel is on-site, but idle – or on standby – for a variety of reasons, the goal of the vessel owner is to be compensated for the idle time by the contractor.  Of course, the operator/contractor also wants to minimize their incurred expense when vessels are not acquiring data (which meets the contractor data requirements) in the (contract) acquisition business model.  The marine seismic streamer fleet had been steadily adding vessels capable of towing larger streamer spreads, which also meant reduced survey times.  Larger spreads complete surveys in less time.  In a market with reduced opportunities it is even more difficult to keep fleets working steadily and profitably.

In spite of all of these factors, reducing survey time and cost to operators, especially during a time of reduced oil prices, survey cost is the principal consideration.  In times past, in areas of robust exploration, multiple seismic vessels could be working in the same area.  This was problematic for high quality seismic data acquisition.  The sources used by the different survey vessels would impact the seismic data.  Seismic interference, as it was referred to, occurred when the source signal from another survey vessel polluted the recorded records from the primary survey.  Expensive time-sharing agreements would compel seismic vessels to cease data acquisition while the other recorded to reduce seismic source interference.  However, there are now seismic data processing techniques which can separate out unwanted seismic signal, thus again reducing idle time and expense once caused from seismic source interference.  In fact, such data processing has been refined enough to allow surveyors to intentionally overlap source interference.  As mentioned earlier, the points being mapped are essentially the midpoints between the seismic source and receivers.  Adding sources in acquisition and overlapping sources for deblending in data processing is now an offered solution which again reduces survey time and cost, but increases potential vessel idle time.

Geophysical survey customers are cost conscious consumers and are, for the most part, risk adverse and not aggressive using innovative technologies that increase survey costs.  However, geophysical survey customers seem willing to try new technologies and techniques that decrease survey costs.  In such a competitive environment, customers can often get the benefit of both new technology and techniques without a premium cost.  The incentive for vessel owners is to keep the vessels as busy as possible to reduce loss from idle time.  All of these factors do not easily explain the rise in OBS/OBN marine seismic market share so much as the decimation of the marine seismic streamer fleet.  Marine seismic streamer acquisition is still the most time efficient marine seismic acquisition technique.  In times past, offshore project development required that oil prices be above $70 USD/bbl.  This value is not firm, but any trading value of over such an arbitrary threshold provides more opportunities for investment in seismic surveys.  Most frontier exploration initiates with 2D (single streamer) marine seismic surveys.  This data can then be used to evaluate the area and plan subsequent 3D (multiple streamers) marine seismic surveys, which in turn define targets for offshore drilling.  4D marine seismic streamer acquisition is used over existing reservoirs to improve oil recovery.  4D programs are intended to replicate the source and receiver positions of previous 3D surveys and detect changes over time and determine optimal drilling locations. 

The first rule of any technology used in a business is that automation applied to an efficient operation will magnify the efficiency. The second is that automation applied to an inefficient operation will magnify the inefficiency.

Bill Gates

Predicting oil prices is anyone’s guess.

Soren Skou

In the current market (with oil prices trading below the threshold value for profitably), developing new fields is prohibitive.  OBS/OBN acquisition can focus on developed or trafficked areas where streamer acquisition is hindered by obstructions or other hazards and risks that exists when towing a 1100 m x 8000 m (or larger) streamer spread 5-15 m below the sea surface.  OBS/OBN exploration programs can be more focused on quality over quantity of CDPs.  In other words, getting more oil and gas from already developed fields where there is existing infrastructure in place is less risky than exploring in remote expansive areas.  The improved data processing deblending techniques provide the ability to acquire marine seismic data with multiple overlapping sources.  Add to this more sophisticated interpolation algorithms means new acquisition source-streamer configurations can be employed to reduce survey time and costs.  Less in-sea equipment also has many operational advantages.  Towing wider spreads with fewer streamers can save on fuel and reduce the number of streamer control and positioning equipment to monitor and maintain.  Of course, from a health and safety perspective, reduced maintenance means less risk exposure by offshore workers.

OBN seismic data acquisition is becoming more efficient and less costly to deploy and is now poised to challenge the high-end marine seismic streamer market.  OBS/OBN technology is equipped with multicomponent sensors that can collect full azimuth seismic data.  The step change advances in OBN include longer battery life in nodes and faster automated deployment.  Much the higher cost of OBS/OBN is attributed to time efficiency, where as much of the expense for marine seismic is the large and powerful streamer vessels themselves.  OBN technology can acquire 4D seismic data, as well.  OBN surveys will take market share away from high-end marine seismic streamer surveys, especially as oil prices remain below the offshore development threshold price.  In this cost sensitive environment, cost effective 3D exploration employing a combination of three (3) or more sources and seismic deblending data processing techniques will be attractive for frontier exploration.  Marine seismic streamer and OBN will battle for acquiring data to reach untapped regions of existing developed fields.  This is what I believe will shape the marine geophysical data acquisition market.  As has always been the case, oil prices will continue to control marine seismic market.  Also, as has always been the case, innovation that best solves the problems of customers will win the day.    The plunge in oil prices in mid-2014 significantly impacted marine geophysical exploration.  Marine seismic will remain a boom or bust business defined by bankruptcies, mergers, and acquisitions until there is a paradigm shift in how innovation is embraced by marine seismic survey customers.

Keeping customers is about the experience, and the employees control the culture and temperature of the business. Never forget that.

Steve Wynn

At its heart, engineering is about using science to find creative, practical solutions. It is a noble profession.

Queen Elizabeth II

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