UNDT/2011/089, Rahimi
The Administration did not have a legal obligation towards the Applicant to take action at any stage in relation to the fraud. No legally relevant relationship between OCHA and the Applicant existed; the fact that the Applicant’s aunt submitted her applications to a Ãå±±½ûµØstaff member did not create such a relationship. No Organization is bound to respond to uninvited applications for jobs that the Organization had not previously announced. Neither OCHA nor any other Organization can be made liable for criminal abuse of its name and reputation.The Applicant, who resigned from her post in UNFPA, and who was not a staff member of OCHA, has no legal standing to claim that the Administration did not fulfill its duty of care by not preventing the fraud or pursuing its perpetrators.
The Applicant, a former staff member of UNFPA, received, via email, a fake list of vacant posts in the Geneva Office of OCHA. In reply to this mail, she sent her applications for several posts. Some days later, her aunt gave the Applicant’s candidacies and corresponding vacancy announcements to the Chief, Office of the Director-General, UNOG, for him to transmit them to the Director of the Geneva Office of OCHA. The Applicant received a forged offer of employment for a post in OCHA, which she accepted. She thus presented her resignation to her post in UNFPA. She further received a forged offer of accommodation in Geneva requesting her to transfer the amount of USD5,150 to a bank account, which she did. The fraud was later discovered. In her application before the Tribunal, the Applicant contests the failure of the Administration to take appropriate measures in identifying, investigating and notifying her about the scam.
N/A