Åpent brev til Tina Bru, Norges olje- og energiminister
USA citizen Equinor and PGS ASA Whistleblower Testimonial
|date:||Jun 14, 2020, 8:32 AM|
|subject:||Equinor Overseas Operations – Open Letter to Tina Bru, Norway Minister of Petroleum and Energy|
Norway Corporations Export Global Corruption that Results in Financial Losses
Norway’s Harsh and Violent Corporate Whistleblower Retaliation Defrauds Investors to Preserve a Low-Corruption Mythology
PGS Exploration (UK) Limited is an English company governed by the laws of England. PGS ASA know SDK is a USA citizen living in the USA. PGS ASA intentionally has Thailand “law” firm Duensing-Kippen deliver “legal notices” in the Thai language on their behalf to illegally harass and terrorize SDKs Thai Family. PGS ASA illegally copied and provided SDK confidential personal data, including US passport and Texas driver license, to Duensing – Kippen. This is illegal under US Federal law and US Texas state law. This is also a violation of the General Data Protection Requirement that does not allow personal subject data to be transferred outside the EEA. PGS ASA illegally provided this data to Duensing – Kippen. Duensing – Kippen has also illegally copied and used SDK personal data to stalk and track SDK travel and to obtain personal Thailand records. PGS ASA is also in breach of the Thai Agreement that states communications should be done by e-mail. PGS ASA refuse to communicate directly using the English language. Norway allows their corrupt corporations to breaks laws and export corruption globally.
The UK Proceedings in Courts of Justice Act 1730 mandates that English be the obligatory language for use in the courts of England where the laws of England are adjudicated. PGS ASA General Counsel, Lars Mysen, PGS ASA (former General Counsel) CEO, Rune Olav Pedersen, and PGS ASA UK Head of Legal, John Francas, and former PGS Exploration (UK) Limited Secretary, Carl Richards do not speak or write the Thai Language. PGS refuse to address simple questions in the English language referencing the laws of England or Norway. SDK and PGS ASA have two-signed contracts governed by the laws of England. PGS ASA has ignored and breached these agreements to illegally retaliate against crime victim and whistleblower, SDK. PGS ASA has exploited SDK USA citizenship and misused and weaponized foreign legal systems and courts to obstruct legal due process, break UK and Norway laws, and retaliate.
Norges harde og voldelige whistleblower-gjengjeldelse bedrager investorer for å bevare en mytologi med lav korrupsjon
Why does Norway allow their global corporations to break Norway laws?
The sole purpose of PGS ASA litigation in Thailand against SDK is to retaliate and “gag” SDK legally protected public disclosure under Norwegian, England, and USA law. The two contracts signed between SDK and PGS ASA England subsidiary already contain Confidentiality clauses that prohibit publication of disparaging material. The litigation in Thailand is an unnecessary waste of resources and also a breach of fiduciary duty by the directors. “Whistleblowing” is protected by Norway’s Workers Environment Act 2005 (WEA) and the UK Public Interest Disclosure Act 1998 (PIDA).
Notice of PGS ASA breach of Employment Contact (2010)
PGS ASA (PGS) is a Norwegian based company. SDK was employed by the PGS ASA subsidiary PGS Exploration (UK) Limited, 4 The Heights, Brooklands, Weybridge, England, KT13 0NY by contract governed by the laws of England.
The PGS UK Office Personnel Handbook (“Handbook”) forms part of the contract of employment and states that the laws governing the policies within the Handbook are those of England and Wales. Of special note is Handbook section 2.9 Confidentiality, [i];
Each member of staff also agrees that he/she will not, during the course of his/her employment or at any time thereafter either make or publish, or cause to be made or published, to anyone in any circumstances any statement (whether of fact, belief or opinion) which directly or indirectly disparages, is harmful to or damages the reputation or standing of the Company or any of its directors, officers, employees, agents or shareholders.
In this paragraph 2.9, any reference to “Company” includes, for the avoidance of doubt, all companies in the PGS Group and each member of staff’s undertaking to the Company in this paragraph 2.9 is given to the Company for itself and as trustee for each company in the PGS Group.
The provisions of this paragraph 2.9 shall be without prejudice to a member of staff’s duties at common law.
PGS ASA refuse to clarify nor address concerns regarding the “criminal defamation” litigation that they have sponsored against former employee, Steven Kalavity (“SDK”) using the legal system of Thailand
The legal actions PGS ASA have taken against SDK in Thailand are a material breach of the original contract of employment which is governed by the laws of England.
1. PGS Exploration (UK) Limited is an English company. PGS refuses delivery of legal complaints in the English. This violates the Proceedings in Courts of Justice Act 1730 that proclaims English to be the obligatory language for use in the courts of England where the laws of England are adjudicated.
2. SDK is a USA citizen who was sponsored and employed by the PGS ASA UK subsidiary, PGS Exploration (UK) Limited (PGSUK) in 2010 on a Tier 2 visa. The defamatory forged documents that PGS Exploration (UK) Limited mean that PGS illegally employed a foreigner. PGSUK sponsored the renewal of SDKs Tier 2 visa and dependent permission to reside in England 15 July 2013. Tier 2 Eligibility requires that the foreign worker have a job offer and Certificate of Sponsorship from a company that is a licensed sponsor in the UK. The company can only offer a job if the foreign worker will not be displacing a suitable settled worker. This means that employers cannot offer a job to a non-settled worker if it means that a suitable settled worker will be turned down for the job or made redundant. In other words, it would be illegal for PGS ASA to sponsor on a Tier 2 visa a foreign worker who could not perform his job at the expense of a qualified settled worker who could.
3. SDK has published content disparaging PGS ASA since July 2015 and never invoked the English contract Confidentiality terms and conditions. SDKs original contract of employment references Confidentiality terms and conditions which prohibit public disparagement of PGS ASA, any of its subsidiaries, agents, customers, or other stakeholders. There is no limit in time to invoke these terms and conditions. However, there are exceptions to these contractual prohibitions. The Public Interest Disclosure Act 1998 (PIDA) 43B, Disclosures qualifying for protection. In this Part a “qualifying disclosure” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, tends to show one or more of the following:
(a) that a criminal offence has been committed, is being committed or is likely to be committed,
(b) that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,
(c) that a miscarriage of justice has occurred, is occurring or is likely to occur,
(d) that the health or safety of any individual has been, is being or is likely to be endangered,
(e) that the environment has been, is being or is likely to be damaged, o
(f) that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed
4. SDK first published content online July 2015. PGS inaction means that they do not have a valid defamation claim, even if the published material were defamatory. The Limitation Act 1980
(4A)Time limit for actions for defamation or malicious falsehood. The time limit under section 2 of this Act shall not apply to an action for—
(a)libel or slander, or (b)slander of title, slander of goods or other malicious falsehood, but no such action shall be brought after the expiration of one year from the date on which the cause of action accrues.
5. PGS Exploration is an English company following the laws of Thailand? Under English law, there is not criminal defamation. Criminal libel was repealed in the UK in 2010, when the Coroners and Justice Act 2009 came into effect and abolished the offences of sedition and seditious libel, defamatory libel and obscene libel. But the law still classes spoken or written statements about others that are not true as defamation.
The contractual Confidentiality terms and conditions are included to protect PGS ASA reputation. PGS ASA is illegally using the Thai legal system to retaliate, defraud, defame, and extort their victim of crimes and a whistleblower. PGS ASA corrupt actions are damaging the reputation and values of PGS ASA.
THE LITIGATION PGS ASA SPONSORS IN THAILAND IS ILLEGAL. PGS ASA MUST PROCEED THROUGH THR ENGLISH SYSTEM OF JUSTICE.