BROOKS v. BEST

No. 7910SC687.

263 S.E.2d 362 (1980)

John C. BROOKS, Commissioner of Labor of the State of North Carolina v. Nelma D. BEST.

Court of Appeals of North Carolina.

March 4, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. George W. Lennon, Raleigh, for the State.

Robert A. Hassell, Raleigh, for defendant-appellee.


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 officer and...

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