How Christmas celebration value senior EY accomplice Leonard Nicita his $850K job

A high-flying accomplice at EY was fired from his $850K function after he propositioned a feminine colleague at a Christmas celebration, and was later accused of assault in a Sydney bar.

Leonard Nicita was terminated from his function as a senior accomplice in the firm’s Transaction Tax team in November 2023, according to a determination from Justice David Mossop in the ACT Supreme Court last month.

The first incident occurred at a 2022 Christmas celebration which had a “Miami Vice” dress-up theme, and resulted in a feminine accomplice making a criticism to management, the determination said.

During the celebration, as Nicita’s managing accomplice described it, he “made comments to the complainant to the effect that you thought she was beautiful, you wanted to sleep with her and, when the complainant said she was married, you noted that most of your affairs are with married women”.

Leonard Nicita was terminated from his function as a senior accomplice in the firm’s Transaction Tax team in November 2023. linkedin

When he was notified of the criticism two weeks later, Nicita said that he “was totally shocked and relayed [to her] my recollection of what occurred, believing it to be innocuous”. In proof to the court docket he denied he had said he wished to sleep with the complainant, however said he had advised they go out for dinner.

When she had said that she was married, he requested her whether or not she was fortunately married.

When she told him that she was, he said, “ah yeah, but you will be surprised since being single that I have probably been with more married women than other single women”.

Nicita’s boss told him he was “very disappointed with his behaviour” and that it was “completely unacceptable from anybody, let alone a partner, let alone a senior partner, let alone a senior partner [who] has just re-joined the Firm”. (Nicita had earlier had a stint at EY from 2013 to 2015.)

Nicita was accused of propositioning a feminine colleague at a Christmas celebration, and was later accused of assault in a Sydney bar. spritnyuk – stock.adobe.com

The 50-year-old acquired sanctions including 4 per cent of income (33,969.78 USD) being stripped from that yr’s pay, and was told he was on his “first and final warning against further instances of inappropriate behaviour”. He was also told to apologise to the complainant.

The next incident occurred in August 2023 after Nicita had attended a fundraising perform for the Sydney University Rugby Club.

Some colleagues moved on from the club to continue ingesting at Dean & Nancy cocktail bar in Wynyard, and Nicita joined them together with his girlfriend, the determination said.

Having paid the invoice of $1,555.29 USD, which he claimed as an expense from EY, Nicita then found his jacket was lacking.

Nicita’s boss told him he was “very disappointed with his behaviour” and that it was “completely unacceptable from anybody, let alone a partner, let alone a senior partner.” Shutterstock / ArDanMe

While attempting to find his jacket, he obtained into an altercation with bar workers that led to a charge of frequent assault.

CCTV footage of the incident, according to the determination, confirmed Nicita “pushing the bar manager with his hand and then moving forward and bumping him with his chest”.

When his boss turned conscious of the charge and questioned Nicita three months later, Nicita argued the incident was “innocuous” and the assault was “merely a push”.

The managing accomplice determined to terminate Nicita’s place for “Just Cause” under the partnership settlement.

Nicita launched legal action against the determination, claiming his boss had breached the partnership settlement and in search of damages for those breaches.

He argued the bar incident “did not involve conduct as a partner of the firm but instead occurred in his private life,” and “at the time of the termination, he had given notice of his retirement from the partnership”.

He also claimed the determination was not made in good religion because his boss might have put him on “garden leave” instead.

In his October determination, Justice Mossop rejected Nicita’s arguments and dismissed the proceedings, ordering him to pay prices to EY.

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