Brooks v. Best

HILL, Judge.

The Personnel Commission went beyond its authority when it reinstated defendant. The superior court erred in its conclusion that the record supported the Commission’s action and its order supporting the Full Commission’s reinstatement of defendant.

G.S. 126-35 states that, “[n]o permanent employee subject to the State Personnel Act shall be discharged, suspended, or reduced in pay or position, except for just cause.” Both the hearing *542officer and the full personnel Commission found numerous facts which detailed defendant’s inability to handle her duties as a Personnel Technician II.…