Leonard Nicita, senior partner in EY’s Transaction Tax team, was terminated in November 2023. The ACT Supreme Court upheld the decision in a judgement by Justice David Mossop previous month.
The 2022 Christmas Party Incident
The first incident happened at EY’s 2022 Christmas party, which had a “Miami Vice” theme. A female partner filed a formal complaint after Nicita reportedly made inappropriate remarks. According to his managing partner, Nicita “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.”
Nicita, in response, informed the management that he “was totally shocked and relayed [to her] my recollection of what occurred, believing it to be innocuous.” In court, he dismissed saying he wanted to sleep with her, stating that he had suggested they go out for dinner instead. When asked if she was happily married, he allegedly replied, “ah yeah, but you will be surprised since being single that I have probably been with more married women than other single women.”
After the complaint, Nicita’s boss mentioned that 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 obtained financial sanctions equivalent to 4% of his yearly income (almost $33,970 USD), was positioned on a “first and final warning against further instances of inappropriate behaviour,” and needed to apologize to the complainant.
The 2023 Bar Altercation
The second incident happened in August 2023, after a Sydney University Rugby Club fundraising program. Nicita joined colleagues at Dean & Nancy cocktail bar in Wynyard with his girlfriend. After the payment of a tab of $1,555.29 USD, which he claimed as an EY charge, he found out that his jacket was missing and tried to retrieve it.CCTV video reportedly spotted Nicita “pushing the bar manager with his hand and then moving forward and bumping him with his chest,” which led to a charge of common assault. Nicita explained the incident as “innocuous” and claimed the push was “merely a push.”Upon knowing of the charge, his managing partner terminated Nicita’s employment for “Just Cause” under EY’s partnership contract.
Legal Challenge
Nicita challenged the dismissal, asserting that the bar incident “did not involve conduct as a partner of the firm but instead occurred in his private life” and at the moment he “had given notice of his retirement from the partnership.” He also stated that the termination was not made in good faith, indicating he could have been placed on “garden leave” instead.
Justice Mossop dismissed Nicita’s claims, rejected the case, and ordered him to pay EY’s legal charges.
Source: News.com.au
FAQs
Q1. Why was Leonard Nicita fired?
He was terminated due to inappropriate remarks made at a Christmas party and an alleged bar altercation.
Q2. What role did Nicita hold at EY?
He was a senior partner in the firm’s Transaction Tax team.