An EY partner earning $850K was fired after allegedly propositioning a female colleague at a Christmas party—and later facing assault allegations at a Sydney bar.
Leonard Nicita was fired from his role as a senior partner on the firm’s Transaction Tax team in November 2023, a decision recently confirmed by Justice David Mossop in the ACT Supreme Court.
The first incident occurred at a 2022 Christmas party with a 'Miami Vice' theme, where a female partner filed a complaint with management, the court decision revealed.
During the party, Nicita’s managing partner later told investigators that, 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."
In November 2023, Leonard Nicita was abruptly fired from his role as a senior partner on the firm’s Transaction Tax team. linkedin
Two weeks later, when notified of the complaint, Nicita claimed he was "totally shocked" and shared his version of events, insisting he believed them to be harmless. In court, he denied ever saying he wanted to sleep with the complainant, claiming instead that he had merely suggested they go out for dinner.
After she said she was married, he pressed her, asking whether she was truly happy in her marriage.
When she told him she was married, he replied, "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 allegedly propositioned a female colleague at a Christmas party and was later accused of assault at a Sydney bar. spritnyuk – stock.adobe.com
The 50-year-old faced sanctions including a 4% pay cut—$33,969.78 from that year’s salary—and was warned this was his "first and final warning against further instances of inappropriate behaviour." He was also instructed to apologize to the complainant.
In August 2023, trouble struck again when Nicita showed up at a fundraising event for the Sydney University Rugby Club.
The court decision noted that after leaving the club, some colleagues headed to Dean & Nancy cocktail bar in Wynyard—and Nicita followed, bringing his girlfriend along.
Nicita had just paid a $1,555.29 bill, which he submitted as an EY expense, when he discovered his jacket was missing.
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 searching for his missing jacket, he got into a confrontation with bar staff that resulted in a common assault charge.
According to the court decision, CCTV footage showed Nicita "pushing the bar manager with his hand and then moving forward and bumping him with his chest."
Three months later, when his boss learned of the charge and confronted him, Nicita insisted the incident was "innocuous" and insisted the assault was "merely a push."
Citing "Just Cause" under the partnership agreement, the managing partner moved to terminate Nicita’s position.
Nicita challenged the decision in court, alleging his boss had violated the partnership agreement and seeking damages for those alleged 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 further contended that the decision lacked good faith, insisting his boss could have opted to put him on 'garden leave' rather than terminate him.
Justice Mossop dismissed Nicita’s case in October, rejecting his arguments and ordering him to cover EY’s legal costs.
