RE: PGS Exploration UK Limited – Director and Secretary Fiduciary Negligence
UK Information Commissioner’s Office Caseworker(s) [RFA0XXX327]
Carl Richards, former secretary PGS Exploration (UK) Limited
Rune Olav Pedersen, PGS Exploration (UK) Limited (PGSUK) Director
Gottfred Langseth, PGS Exploration (UK) Limited (PGSUK) Director
Christin Steen-Nilson, PGS Exploration (UK) Limited (PGSUK) Director (no e-mail)
Gareth Jones, PGS Exploration (UK) Limited Human Resources Manager
Daphne Bjerke, Petroleum Geo-Services ASA (PGS) Data Protection Officer
John Francas, PGS Exploration (UK) Limited (PGSUK) Head of Legal
Lars Mysen, Petroleum Geo-Services ASA (PGS) General Counsel
Dear Companies House,
My name is Steven D. Kalavity. I am a citizen of the United States of America (USA). I currently live in Chiangrai, Thailand on visa with my Thai wife and three Thai – American children.
On 29-Oct-2018, I am scheduled to attend a hearing in Thai Court for claims made by Carl Richards, as a private person. However, Carl Richards is the former PGS Exploration UK Limited secretary and Head of Legal. Carl Richards is launching his claim on behalf of himself because he believes his reputation in Thailand has been damaged to a criminal level. I have informed Carl Richards, as well as PGS Exploration UK Limited directors, that I regard my publications as whistle blowing. I have always wanted and accepted comments that would improve the published content. Carl Richards has never provided any. Therefore, how can there be such a claims made in Thailand by fiduciaries of an English company that were the targets of these criticisms?
Carl Richards has no professional credentials in Thailand that I know about and I have certainly never published anything about it. Carl Richards believes that he has been defamed to a criminal level through the publishing of evidence based articles criticizing his professional performance as PGS Exploration UK Limited secretary. Yet, these same criticisms are not regarded as a breach of the non-disparagement clauses within a contract governed by the laws of England which Carl Richards reviewed and approved. It seems that Carl Richards is misrepresenting his own integrity through advancing this claim in Thailand.
The online publications, which Carl Richards believes are damaging to his reputation, describe real events which occurred while I worked with PGS Exploration UK Limited in England on a company sponsored Tier 2 visa between 26 September 2010 and 31 December 2013. The blog post articles, and accompanying image files, have been published while I have resided in both Thailand and the USA. I am not a citizen of England, and neither is my wife. The only Thai nationals mentioned within the articles are my wife and children, because they have been greatly impacted by these events and are victims of his alleged professional malpractice. This claim filed by Carl Richards has distressed my family even more, and is a continuation of the concerted effort to destroy me and my family.
The articles are written in the English language, although certain articles have been translated to Norwegian. The blog post articles and accompanying image files describe people, events, and actions by executives of Norwegian parent company, Petroleum Geo-Services and PGS Exploration UK Limited, which occurred while I was employed as a foreign worker in England. Carl Richards was Head of Legal for PGS Exploration UK Limited for much of the time I worked in England. However, Carl Richards became PGS Exploration UK Limited secretary 13 September 2013, at just the point when my dispute with PGS Exploration UK Limited began to have legal ramifications.
I believe that I am the victim of crimes and that my human rights were violated while employed with PGS Exploration UK Limited. Carl Richards oversaw my termination from employment from PGS Exploration UK Limited. My employment terminated through a settlement contract agreement. I believe that this is an illegal contract. I also believe that forged instruments were created to support the illegal contract proffered as a false pretense for termination. These beliefs are reinforced by documented evidence, and further by these actions taken by Carl Richards in the Thai legal system.
I have complained vigorously to the UK Information Commissioner’s Office regarding the integrity of the data which PGS Exploration UK Limited was processing in my name. I implored caseworkers to conduct an investigation to compel PGS Exploration UK Limited to authenticate the documents being processed as my personal data. I first reported these crimes in August 2015 to UK ActionFraud (police). I have also submitted a report to UK Serious Fraud Office. For over three years, all that I have ever asked for is an impartial third-party investigation into my claims.
My postings relate to Carl Richards’ obligations while he was PGS Exploration UK Limited secretary. Fiduciary duty is not like a coat that is worn when the weather changes. Fiduciary duty is a legal responsibility. In Carl Richards’ case, these obligations were under the Laws of England. Carl Richards was especially obligated to uphold these responsibilities from 13-Sep-2013 to 25-May-2018. Carl Richards was still PGS Exploration UK Limited secretary when he first contacted me through a private and unverified e-mail account when he informed of his intended claims in Thailand.
As a fiduciary, his responsibility is to the principal, PGS Exploration UK Limited. The fact that Carl Richards brought these claims to defend his own character apart from his professional credentials is stunning to me. I have been publishing content critical of PGS Exploration UK Limited that may have impacted the reputation of the company. The exception to the contractual mutual non-disparagement clauses is whistle blowing. A fiduciary duty under the UK Companies Act 2006 is to protect the reputation of PGS Exploration UK Limited, not just theirs. Fiduciaries should also be supportive of whistle blowing.
All of my postings are relevant to this period of time where Carl Richards and PGS Exploration UK Limited directors were in positions to influence decisions and actions which significantly impacted me. PGS Exploration UK Limited directors, and other named employees, have had multiple opportunities, as well as the resources, to present their defenses. Their inaction has significantly impacted the well-being of my family. Carl Richards, as PGS Exploration UK Limited secretary, has never refuted anything written or posted by me. In fact, not one individual mentioned within my articles has ever commented on, or asked that I cease publishing, my online blog articles or image files prior to Carl Richard sending an e-mail to me from a private and unverified account.
I would not have published anything online if Carl Richards, as an expert on contract agreements, would answer my simple and reasonable questions and concerns. Is the settlement contract agreement that was used to terminate my employment from PGS Exploration UK Limited a legal instrument? Will you authenticate as legal and compliant both the processes and documents that support the legal settlement contract agreement? These are simple questions for an expert to answer. But, Carl Richards has refused to answer such simple questions which are the basis behind all of my publications.
Obviously, I do not believe the settlement contract agreement used to terminate my employment from PGS Exploration UK Limited is a legal instrument. I believe that I was terminated from my position with PGS Exploration UK Limited for whistle blowing. I am no expert on English contracts. But, I was fully aware of the events that actually happened at the time. What I do know, with absolute certainty, is that the documents being processed within my PGS Exploration UK Limited professional personnel file are inaccurate and do not meet any normal legal or compliant standard. Expert Carl Richards should be able to quickly resolve these concerns.
Pertinent documents do not bare my counter signature and are factually incorrect. I believe that these documents were created and processed to support the settlement contract agreement that terminated my employment under false pretenses. An initial settlement contract agreement was proffered to me to terminate the grievance procedure which I had initiated. Under the laws of England, and under my original contract of employment with PGS Exploration UK Limited, employees have the right to file a grievance and if the grievance procedure is included within the employment contract, employers are obligated to follow the prescribed grievance procedures; otherwise it would be a breach of contract.
Why was the settlement contract agreement proffered to me before completing the grievance procedures outlined within the PGS Exploration UK Limited Handbook? My grievance cited bullying and harassment, discrimination, negligence, breach of duty of care contractual responsibilities and breach of contractual mutual trust and confidence. My grievance exposed management misconduct, abuse of position and non-compliant workplace practices. I believe these concerns reached the level of whistle blowing. As PGS Exploration UK Limited secretary, Carl Richards had assumed the legal responsibility to ensure that my grievance was handled properly and legally. My blog post articles have simply asked for proof of this.
I have regarded my blog post articles as therapy for the workplace abuses facilitated by Carl Richards. The grievance which was submitted described the health impacts of workplace bullying and harassment on targets and organizations. During the settlement contract agreement negotiations, I felt very distressed. I took five consecutive sick leave days off from my work. The human resources manager and my first line supervisor, both of whom were subjects identified as workplace bullies within my grievance document, requested that I see an occupational health nurse. I did see the occupational health nurse. I explained to her what was going on with me in the workplace.
The occupational health nurse provided a preliminary report to me and I had requested a copy of the final report. Carl Richards never intervened at this point either, even though the workplace conditions seemed to be impacting my health. Employee stress is covered within the PGS Exploration UK Limited Handbook. Carl Richards should have been aware of my appointment with the occupational health nurse. The occupational health nurse noted increased stress levels and recommended a follow-up evaluation. However, I never received this report at the time and never was evaluated again by the nurse. This intentioned action placed the health and safety of me and my family at risk.
Bullying is a serious health issue in the workplace and a risk factor for anxiety, depression and suicide. Bullying is often referred to as psychological harassment or violence. One type of anxiety is complex post-traumatic stress disorder (C-PTSD). Symptoms of C-PTSD may include flashbacks, irritability, reckless behavior, avoiding reminders of the traumatic event, feeling numb, memory problems, guilt, difficulty trusting others, and anger. Carl Richards oversaw my being denied health care while I was a vulnerable foreign worker of PGS Exploration UK Limited.
I have always regarded my online publishing as therapy. C-PSTD would also explain the escalation of anger in my online publications. There is pressure for targets of workplace bullying to be heard after their abuse. Bullies and harassers will intentionally ignore their targets. When bullies and harassers ignore their targets, it gives them control of the situation, and a power over the target. This increases the trauma and stress of the target. In my case of gang-bullying, many people are directly implicated in the creation and processing of fake data that was used to terminate me from employment with PGS Exploration UK Limited.
Through their collective silence, PGS Exploration UK Limited or Petroleum Geo-Services ASA have been defaming and damaging me. They have continued their bullying and harassment. Their collective refusal to prove the legality of the settlement contract agreement that terminated my employment, along with the processes and documents that support the settlement contract agreement, denies me the truthful narrative. A settlement contract agreement used to terminate an employee for performance reasons is fundamentally different than settling a whistle blowing and workplace harassment claim for illegal workplace practices.
Ignoring someone, or giving them the silent treatment, is one of the most used destructive manipulation tactics of manipulative people. When multiple actors participate it is gaslighting. It is very distressing and destructive to the targets psychological health and well-being. It drives victims crazy. Multiple actors were involved in processing knowingly false and defamatory personal data about me. I believe that my legal adviser for the settlement contract agreement was complicit, as e-mail communications between him and me do not corroborate the data which PGS Exploration UK Limited is processing as my personal data. My former legal adviser similarly remains silent, as does the legal adviser that represented PGS Exploration UK Limited during settlement contract agreement negotiations.
I have been publishing content online critical of personal data controllers Norwegian parent company Petroleum Geo-Services and PGS Exploration UK Limited since 3 July 2015. On 22 December 2014, PGS Exploration UK Limited explicitly threatened legal action if I did not accept their processing knowingly false and inaccurate personal data about me. I knew that something very wrong had happened to me after receiving that letter. However, no director or secretary ever contacted me following the initial 3 July 2015 online publication. Of course, they never invoked the non-disparagement clauses or demonstrated that their actions regarding my termination from employment had been legal and compliant either. I was ignored.
Carl Richards and PGS Exploration UK Limited have made arbitrary and capricious judgments as to what constitutes disparagement, defamation, or a breach in the settlement contract agreement terms and conditions. If PGS Exploration UK Limited or Petroleum Geo-Services ASA had published similar critical content about me online, I would have pursued the matter referencing the settlement contract agreement non-disparagement clauses governed by the laws of England. As long as PGS Exploration UK Limited treat the settlement contract agreement as a legal instrument, there is little that I can do. PGS Exploration UK Limited’s silence and inaction since 3 July 2015 is fiduciary negligence, in my view.
I published more issues of concern about the settlement contract agreement between me and PGS Exploration UK Limited online the LinkedIn™ platform, 6 September 2015 and 20 September 2015. These articles called for the resignation of the Petroleum Geo-Services ASA CEO and President. The 6 September 2015 article was read by many people, according the platform metrics. In a 10 October 2015 article, I called for expulsion of the Petroleum Geo-Services ASA CEO and President, and other employees, from the professional organization because I believed that these individuals had breached the ethical standards of the organization. I named several PGS Exploration UK Limited and Petroleum Geo-Services ASA employees within these articles and never once received a comment or rebuke from Carl Richards or PGS Exploration UK Limited directors. Why?
What was the intention of the 22 December 2014 letter, which threatened litigation if I continued to advance my concerns about the basis and legality of my termination from employment, if PGS Exploration UK Limited directors accepted these publications with no claim of settlement contract agreement breach in the non-disparagement clauses? Within the 20 September 2015 article, I presented evidence to support my claims. The presented e-mail and other document evidence showed that my personnel file documents were inaccurate and non-compliant documents. Neither Carl Richards, nor PGS Exploration UK Limited directors, acted concerned or tried to contact me.
In 2016, I submitted a complaint report to the Petroleum Geo-Services ASA Compliance Hotline. The response from the Compliance Hotline stated that there was an investigation and no fraud was detected. I requested a copy of their investigation report. Petroleum Geo-Services ASA refuses to provide the report or how the investigation was carried out. I submitted several more complaints to the Petroleum Geo-Services ASA Compliance Hotline and have never received a response. I continued writing and publishing blog post articles critical of PGS Exploration UK Limited and Petroleum Geo-Services ASA. Still, no one ever contacted me or asked me to stop.
In 2017, I updated the 2015 ActionFraud report and submitted another report to the UK Serious Fraud Office to include the involved legal advisers which formed the settlement contract agreement. I have reported Carl Richards and the involved legal advisers to professional law organizations in England that regulate legal professionals. Carl Richards, and PGS Exploration UK Limited directors, have also been reported to the UK Companies House with regard to their performance in fulfilling fiduciary duties for PGS Exploration UK Limited, as described in the UK Companies Act 2006.
In 2017, I published and Open Letter directed to the Petroleum Geo-Services ASA Board of Directors. There has been no acknowledgement. In 2018, I have already written another Open Letter to the new Petroleum Geo-Services ASA data protection officer. I have also posted an Open Letter to PGS Exploration UK Limited Head of Legal and another one to the PGS Exploration UK Limited human resources manager regarding the same base issues. No replies for any of them. There is only the continued silence and ignoring of a whistle blower.
I believe that the claims made against me by Carl Richards for this Thai legal proceeding are without merit for multiple reasons. Carl Richards is portraying himself as a victim of unwarranted on-line criticism. However, no one in any official capacity, especially one of PGS Exploration UK Limited director’s, has ever even tried to contact me before Carl Richards. Their problem is a product of their own creation. People in authority routinely abuse their positions and ignore their victims to maintain their power over them, and to demoralize, demean and destroy them. I believe that this is happening to me now.
The silence and inaction by PGS Exploration UK Limited directors constitutes fiduciary negligence as much as it is a weapon used by manipulative people. I have used social media to voice serious concerns, because Carl Richards, and other PGS Exploration UK Limited directors, do not respond to the many serious allegations that I have made. Carl Richards is circumventing his fiduciary duties under the laws of England by launching his claim in Thailand. Carl Richards and PGS Exploration UK Limited directors have also neglected their legal fiduciary duties under the laws of England by allowing events to rise to this level.
Carl Richards has not only had multiple opportunities, but also a fiduciary duty, to address the many valid concerns about his own, or PGS Exploration UK Limited stakeholders, reputations, as well as conduct, before now. These duties are described within the UK Companies Act 2006. Carl Richards has also decided to escalate this dispute to the criminal courts of Thailand as a first option and not as a last resort, even though Carl Richards is licensed to practice law in England. This has taken a tremendous toll on my Thai family.
The best solution, it seems, should have been to exchange e-mails. If that failed, then the mutual non-disparagement clauses included within the settlement contract agreement which terminated our employment relationship should have been discussed. This settlement contract agreement is governed by the laws of England. I have written multiple e-mails, made phone calls, and finally posted directed content online to get the attention of PGS Exploration UK Limited and Petroleum Geo-Services ASA since 3 July 2015. They never respond privately, and so I have felt the need to go public with my concerns.
It has been my reputation which has been damaged because PGS Exploration UK Limited and Petroleum Geo-Services ASA agents refuse to engage me directly and responsibly to address my valid concerns. It is this lack of engagement which has frustrated me to escalate my complaints and try to get their attention. In spite of this escalation, no official of PGS Exploration UK Limited has ever attempted to contact me directly or tried to address my complaints and allegations. Collectively, PGS Exploration UK Limited and Petroleum Geo-Services have ignored my concerns for over three years of attempted engagement on my part. I can prove my claims with evidence in an appropriate legal venue. I have already done so through my online publications.
It simply should not take over three years for PGS Exploration UK Limited and Petroleum Geo-Services ASA agents to prove that they did their jobs and followed the rules. The fact that they refuse to answer simple questions shows that they are hiding something. But, clearly, if my claims are true, and I believe that they are, PGS Exploration UK Limited and Petroleum Geo-Services ASA agents did not do their jobs or follow the rules. In this case, it is clearly my family who are the victims of PGS Exploration UK Limited and Petroleum Geo-Services ASA agents not doing their jobs and following the rules. This is what I believe has been published online with evidence to back my claims.
With regard to this proceeding, I received an e-mail from the private Google™ account of a person purporting to be Carl Richards. This was the first and only complaint that I have ever received regarding my online content. This e-mail cited some complaints over content which I have published on-line. I responded briefly to this e-mail, but requested proof of identification before I would consider the complaints further. I never received another e-mail from this address.
Later, I received another e-mail from a person purporting to be a Thai lawyer who was representing Carl Richards. Similarly, I requested proof of legal credentials from this person, as well as proof that this person was truly a lawyer representing the Carl Richards who I had worked with in England at PGS Exploration UK Limited. I never received a response or confirmation from this person either. So, it was very surprising to me when I received the papers from the court in Thailand without ever receiving confirmation of identity or discussing the issues more fully. I was actually travelling outside of Thailand when the documents were delivered.
I do not know why Carl Richards is solving this simple legal problem in Thailand. I am not a citizen of England. This problem likely would have never happened if I had been an English citizen. I believe that PGS Exploration UK Limited engaged in their trickery because my family and I were all foreigners and so it would be easy for them to get away with their scheme. The events written about in my blog articles occurred in England. I am in Thailand because my wife and children are citizens of Thailand. We have had a home in Chiangrai, Thailand since 2006. During all of my oversea assignments, Thailand is where we returned to, and Thailand was my home of record for rotational offshore work assignments with Petroleum Geo-Services.
Carl Richards has been trying to destroy me professionally, psychologically, and financially since 2013. I was a victim in England, and I am a victim now. Carl Richards wants to destroy my Thai home and family. Carl Richards must be held accountable. Carl Richards, and PGS Exploration UK Limited, must confirm with evidence that the settlement contract agreement that terminated my employment is a legal instrument. Carl Richards must confirm that the documents and processes that support the settlement contract agreement were also legal and compliant. Carl Richards must do these things now, because it has always been his duty to do so. It was his duty in England, and it remains his duty now.
Carl Richards is trying to bypass most every critical action and decision which has brought us to this point as though he had no control of the situation. He feels that his reputation has been damaged. Yet, Carl Richards has never defended his reputation through directly confronting the accusations which I have made in a timely manner. The base accusations have remained much the same since the first 3 July 2015 publication. The reason that I communicate publicly and online is because PGS Exploration UK Limited and Petroleum Geo-Services ASA agents do not respond to private e-mails or even comment on the online publications.
Every one of my publications critical of Petroleum Geo-Services ASA and PGS Exploration UK Limited has been a risk for me. The settlement contract agreement contained mutual non-disparagement clauses prohibiting parties from criticizing each other. They have had multiple opportunities to invoke these clauses over the past three years and have chosen not to do so. Why is this? This inaction further supports my assertion that the settlement contract agreement is an illegal instrument. There are records that Carl Richards, along with his colleague assistant, reviewed and approved the use of this settlement contract agreement. It has always been known to be an illegal instrument.
I am begging Companies House, Information Commissioner’s Office, and the police to investigate and compel PGS Exploration UK Limited to authenticate as legal and compliant the settlement contract agreement along with the processes and documents and processes that support it. I should not have to beg for this. I should have never had to file a fraud report as a foreign worker. I should have never had to endure the health harming effects of a toxic workplace. PGS Exploration UK Limited is literally trying to destroy me and my family – the victims of abuse. I desperately need your help.
Steven D. Kalavity