25 NCAC 01I .2303. DISMISSAL FOR GROSSLY INEFFICIENT JOB PERFORMANCE

(a)  Gross Inefficiency (Grossly Inefficient Job Performance) occurs in instances in which the employee fails to satisfactorily perform job requirements as specified in the job description, work plan, or as directed by the management of the work unit or agency and that failure results in:

(1)           the creation of the potential for death or serious harm to a client(s), an employee(s), members of the public or to a person(s) over whom the employee has responsibility; or

(2)           the loss of or damage to agency property or funds that result in a serious impact on the agency or work unit.

(b)  Dismissal on the basis of grossly inefficient job performance is administered in the same manner as for unacceptable personal conduct.  Employees may be dismissed on the basis of a current incident of grossly inefficient job performance without any prior disciplinary action.

(c)  Prior to dismissal of an employee with permanent status on the basis of grossly inefficient job performance, there shall be a pre-dismissal conference between the employee and the agency director or designated management representative.  This conference shall be held in accordance with the provisions of 25 NCAC 01I .2308.

(d)  Dismissal for grossly inefficient job performance requires written notification to the employee.  Such notification must include specific reasons for the dismissal and notice of the employee's right of appeal.

(e)  Failure to give specific written reasons for the dismissal, failure to give written notice of applicable appeal rights, or failure to conduct a pre-dismissal conference constitute procedural violations with remedies as provided for in 25 NCAC 01B .0432.  Time limits for filing a grievance do not start until the employee receives written notice of any applicable appeal rights.

 

History Note:        Authority G.S. 126-4(7a);

Eff. August 3, 1992;

Amended Eff. April 1, 2001; December 1, 1995.