Toledo v. Bashas' Dine Market

OPINION

The Navajo Nation Labor Commission (Commission) found that Harrison Toledo (Toledo), a Bashas’ employee, sexually harassed a fellow employee in violation of Bashas’ Member Handbook, and therefore was terminated for “just cause” under the Navajo Preference in Employment Act (NPEA). The Commission also:found that Bashas’ violated three other provisions of the NPEA, but only issued a remedial order for one of those violations. The Court affirms the Commission.

I

Appellant Toledo was an Assistant Night Crew Chief at Bashas’ Dine Market # 35 located in Window Rock. On April 29, 2004, Toledo…