Dismissal is a psychologically and emotionally difficult process. To avoid litigation, HR Leaders must follow due process procedures. Lengthy proceedings and high legal and court costs make dismissal an option of last resort. Dismissal for ineffective performance is a multifaceted problem. The system used for recruitment and selection or the variables associated with the school's culture or policies may need to be reevaluated. Incompetency has been defined as a lack of adequate skills or subject knowledge, outright neglect of duty, or physical or mental disability that prohibits the ability to perform the job.
Neglect of duty differs from insubordination in that insubordination is the refusal to follow policies or procedures or to obey a direct and lawful order from a superior, whereas neglect of duty is the inability to perform job requirements. Physical or mental disabilities are grounds for dismissal. In determining whether dismissal is justified, the question to be asked is "Does the disability prevent the person from meeting the demands of the job?" Dismissal for just cause is a general concept, and reasons vary for instituting dismissal proceedings on these grounds. Some grounds for good or just cause are neglect of duty or unprofessional conduct.
Usually, just cause dismissal issues revolve around the following situations: Behaviors that influence competency and are evidenced in evaluation results of job performance. Behaviors that are against or do not fulfill the requirements of the job as explained, or as stated in the job description. Behaviors defined by the organizational system as unbecoming an employee. Insubordination is more than outright refusal to comply with a leadership directive or to obey an administrative order.