In this Division—
"determination" means a determination under section 2.4.59F;
"procedures" means the procedures established by the Secretary under section 2.4.59B;
"report" means a report prepared under the procedures;
"unsatisfactory performance", in relation to an employee, means the repeated failure of the employee to discharge his or her duties in the manner expected of the employee at his or her level in his or her position as evidenced by one or more of the following—
(a) the negligent, inefficient or incompetent discharge by the employee of his or her duties;
(b) the failure by the employee—
(i) to exercise care and diligence in performing his or her duties; or
(ii) to perform any of his or her duties;
(c) the employee engaging in unsatisfactory conduct that impacts on the discharge of his or her duties including, without reasonable excuse—
(i) contravening or failing to comply with a lawful direction given to the employee by a person with authority to give the direction; or
(ii) being absent from his or her duties without permission.
S. 2.4.59B inserted by No. 70/2008 s. 12.