How could PGS ASA Legally Engage Thai Law Firm Duensing-Kippen?
In September 2018, PGS ASA engaged a Thailand law firm, Duensing-Kippen, to prosecute criminal defamation claims against a USA citizen whistleblower, SDK, who was residing in Thailand. SDK became a whistleblower while working for the PGS ASA UK subsidiary, PGS Exploration (UK) Limited, from September 2010 through December 2013 by sponsorship contract governed by the laws of England. SDKs employment was terminated through a settlement contract. The contract was signed 5 December 2013, but was not executed until SDK had been reimbursed for relocation costs to the USA. SDK nationality was a significant issue and impacted every aspect of the employment contract. The Tier 2 sponsorship for employment of a non-EEA resident worker was conditional upon both worker and PGS ASA satisfying UK legal requirements. Both of the employment contracts contained Confidentiality clauses prohibiting the disclosure or publication of content disparaging to PGS ASA or any of its stakeholders. The legal remedy to protecting PGS ASA reputation is to invoke such clauses in a timely manner and minimize any damage. The exception to such publications are protected public disclosure, or whistleblowing, as defined by the UK Public Interest Disclosure Act 1998. The principle here is that corruption devalues PGS ASA, while responsible and legal corporate governance is a value enhancer.How then would a UK subsidiary of PGS ASA governed by the laws of England be legally entitled to prosecute a criminal defamation claim in Thailand using the laws of Thailand?
The UK Data Protection Act 1998 allows incorrect or harmful data to be changed. PGS ASA did not allow any correction during negotiations and through their legal counsel, Watson Farley & Williams, withheld the subjects personal data being processed from inspection and allowing correction. SDK counsel, Landau Zeffert & Weir Law (now Landau Law) was complicit. This implies that PGS ASA bribed counsels to utter forged documents to defame and defraud a whistleblower.
PGS ASA also put a time limit on discussions which was undue influence and fraud. PGS ASA and complicit counsel knew that they did not have legitimate documentation to support the false pretense for the termination settlement contract. SDK was on garden leave until 31 December 2013. PGS ASA had time but forced a quick decision because SDK was contemplating withdrawal from the settlement talks and proceed to tribunal. SDK is a USA citizen and had already informed landlord of his impending move.
SDKs First Protected Public Disclosure Grievance:
PGS ASA has been in material breach of their ethical, financial, and legal obligations to investors and stakeholders to protect the company reputation since at least June 2013 when SDK was retaliated against for exposing non-compliant, unsafe, unethical, and illegal PGS ASA executive behavior. SDK was illegally terminated from his employment and also defamed and illegally blacklisted for submitting a formal workplace grievance on 20 September 2013. The submitted grievance met the standard of protected public disclosure, or whistleblowing as defined by PIDA. PGS ASA illegally perverted the course of justice and obstructed SDK from submitting the grievance. By sure will, SDK submitted the formal grievance. However, even so, PGS ASA denied SDK his legal and contractual right to proceed through a fair grievance process as outlined within PGS UK Office Personnel Handbook.Instead PGS ASA manufactured performance issues and proceeded to proffer a settlement contract to terminate a foreign-worker whistleblower under false pretenses. PGS ASA defrauded the UK Border Agency and SDK both through withholding any such concerns during the Tier 2 visa renewal process July 2013.PGS ASA and all involved counsel has refused to explain their actions.