High-Profile EY Partner Dismissed After Inappropriate Conduct

An EY partner was fired from his $850,000 position after allegedly propositioning a female colleague during a Christmas party. Additionally, he faced assault charges stemming from an incident at a bar in Sydney.

Leonard Nishita is set to be removed from his role as a senior partner in the transaction tax team in November 2023, following a ruling by ACT Supreme Court Justice David Mossop last month.

The initial allegation arose from a 2022 Christmas party with a Miami Vice theme, where a female partner reported inappropriate comments made by Nishita to the management. According to his managing partner, Nishita told the complainant that he found her attractive and expressed a desire to sleep with her. Notably, when the complainant mentioned her marriage, he remarked that most of his affairs were with married women.

When informed of the allegations two weeks later, Nishita claimed he was “completely shocked.” In court, he denied expressing a desire to sleep with her but acknowledged suggesting they go out for dinner instead. He then asked her if she was happily married, and upon her confirmation, remarked that he had dated more married women than single women.

Nishita’s managing partner expressed disappointment in his behavior, stating it was entirely unacceptable for someone in his position. Reportedly, he received a final warning regarding inappropriate conduct and had four percent of his earnings deducted. The complainant was also advised to issue an apology.

The subsequent incident took place in August 2023 after Nishita attended a fundraiser. Following the event, some colleagues left for Dean & Nancy Cocktail Bar, where Nishita and his girlfriend joined them. After settling a bill of $1,555.29, he realized his jacket was missing. Attempting to retrieve it, he confronted bar staff, which escalated into an altercation resulting in the assault charge.

Surveillance footage allegedly captured him pushing the bar manager and hitting him in the chest. When his superiors inquired about the incident months later, Nishita downplayed it, claiming it was harmless and merely “an imposition.”

According to the partnership agreement, Nishita’s managing partner opted to terminate his role “with just cause.” Nishita subsequently filed a lawsuit, arguing that his boss violated the partnership agreement and asserting that the incident did not pertain to his professional conduct. He contended that he had planned to retire from the partnership at the time of his dismissal and suggested that the decision was not made in good faith, as his boss could have placed him on garden leave.

However, in an October ruling, Justice Mossop rejected Nishita’s claims, dismissed the lawsuit, and ordered EY to cover the legal costs.