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A high-flying accomplice at EY was fired from his $850K position after he propositioned a feminine colleague at a Christmas get together, and was later accused of assault in a Sydney bar.
Leonard Nicita was terminated from his position as a senior accomplice within the agency’s Transaction Tax staff in November 2023, in line with a call from Justice David Mossop within the ACT Supreme Court docket final month.
The primary incident occurred at a 2022 Christmas get together which had a “Miami Vice” dress-up theme, and resulted in a feminine accomplice making a criticism to administration, the choice stated.
Through the get together, as Nicita’s managing accomplice described it, he “made feedback to the complainant to the impact that you simply thought she was lovely, you needed to sleep along with her and, when the complainant stated she was married, you famous that the majority of your affairs are with married ladies”.
When he was notified of the criticism two weeks later, Nicita stated that he “was completely shocked and relayed [to her] my recollection of what occurred, believing it to be innocuous”. In proof to the courtroom he denied he had stated he needed to sleep with the complainant, however stated he had advised they exit for dinner.
When she had stated that she was married, he requested her whether or not she was fortunately married.
When she instructed him that she was, he stated, “ah yeah, however you’ll be stunned since being single that I’ve most likely been with extra married ladies than different single ladies”.
Nicita’s boss instructed him he was “very dissatisfied along with his behaviour” and that it was “utterly unacceptable from anyone, not to mention a accomplice, not to mention a senior accomplice, not to mention a senior accomplice [who] has simply re-joined the Agency”. (Nicita had earlier had a stint at EY from 2013 to 2015.)
The 50-year-old acquired sanctions together with 4 per cent of revenue (33,969.78 USD) being stripped from that yr’s pay, and was instructed he was on his “first and closing warning in opposition to additional cases of inappropriate behaviour”. He was additionally instructed to apologise to the complainant.
The subsequent incident occurred in August 2023 after Nicita had attended a fundraising operate for the Sydney College Rugby Membership.
Some colleagues moved on from the membership to proceed ingesting at Dean & Nancy cocktail bar in Wynyard, and Nicita joined them along with his girlfriend, the choice stated.
Having paid the invoice of $1,555.29 USD, which he claimed as an expense from EY, Nicita then found his jacket was lacking.
Whereas attempting to find his jacket, he bought into an altercation with bar employees that led to a cost of frequent assault.
CCTV footage of the incident, in line with the choice, confirmed Nicita “pushing the bar supervisor along with his hand after which transferring ahead and bumping him along with his chest”.
When his boss grew to become conscious of the cost 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 “Simply Trigger” below the partnership settlement.
Nicita launched authorized motion in opposition to the choice, claiming his boss had breached the partnership settlement and searching for damages for these breaches.
He argued the bar incident “didn’t contain conduct as a accomplice of the agency however as an alternative occurred in his non-public life,” and “on the time of the termination, he had given discover of his retirement from the partnership”.
He additionally claimed the choice was not made in good religion as a result of his boss might have put him on “backyard go away” as an alternative.
In his October choice, Justice Mossop rejected Nicita’s arguments and dismissed the proceedings, ordering him to pay prices to EY.
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