How a landmark ruling could change work Christmas parties forever: Warning to Aussies after high-flying Ernst and Young exec on $1.3million-a-year hit on married female partner at end of year celebrations

A senior Ernst & Young partner has been sacked from his $1.3million-a-year role after he was accused of making sleazy comments to a female colleague at a Christmas party and assaulting a man in a classy Sydney bar. 

Leonard Nicita, 50 – whose ex-wife is an employment lawyer – was given a first and final warning for propositioning the married female partner at a Miami Vice-themed Christmas bash in 2022, court documents seen by the Dail Mail revealed.

At a disciplinary hearing, a court was told Nicita was accused of telling his colleague ‘comments to the effect that you thought she was beautiful [and] you wanted to sleep with her.’

Nicita admitted asking her out for dinner, but she told him she was happily married, the court heard.

Court documents reveal he replied: ‘Ah yeah, but you will be surprised – since being single, I have probably been with more married women than other single women.’

Nicita said when he found out about the complaint, he ‘was totally shocked and relayed [to her] my recollection of what occurred, believing it to be innocuous’, according to the documents.

Nicita had just rejoined the firm the previous year after an earlier two-year stint a decade ago, and had been on track to earn $2million a year in 2026, the court was told.

But in the wake of the complaint, managing partner David Larocca told him he was ‘very disappointed with his behaviour’ which breached strict company standards, the documents show.

Former Ernst and Young partner Leonard Nicita (pictured) lost his breach of contract case after being warned over inappropriate behaviour at a ‘Miami Vice’-themed office Christmas party

At a disciplinary hearing, Nicita was accused of telling his colleague comments ‘to the effect you thought she was beautiful[ and] you wanted to sleep with her.’

The documents reveal he added it was ‘completely unacceptable from anybody, let alone a partner, let alone a senior partner, let alone a senior partner who has just rejoined the firm.’

Nicita was given his final warning, made to apologise to the female partner, and had $52,000 deducted from his salary for the year, the court was told.

He vowed to his boss it would never happen again, but he was later accused of assault over a row about a missing jacket following a boozy night in a city bar, the court heard.

The documents detail how, together with his girlfriend and four staff members, he ran up a $2,500 drinks bill at the Dean & Nancy On 22 bar in Sydney’s CBD, which he later claimed on expenses.

But when Nicita found his jacket was missing, he ended up in a row with bar manager who called police and Nicita was charged with assault, the court was told.

However Nicita – who once won a bout as a boxer in a Corporate Fighter event at Star Casino – did not tell his boss about the charges, according to the court documents.

Mr Larocca only found out about the assault allegations a month later and began the process to terminate Nicita’s employment with EY two months later, the court heard.

Nicita launched a legal fight against his termination, but the ACT Supreme Court has now found in EY’s favour.

Nicita once won a bout as a boxer in a Corporate Fighter event at Star Casino (pictured)

Nicita launched a legal fight against his termination, but the ACT Supreme Court has now found in EY’s favour (EY’s Sydney head office is pictured)

‘I am landing on Len being terminated for just cause,’ Mr Larocca said in the court documents seen by the Daily Mail.

‘Len is on a first and final warning where he gave me a [very] strong assurance that I will never hear from him again on behavioural matters.

‘This was a behavioural matter, in a bar involving senior EY staff. Len admitted it occurred in full.

‘Len doesn’t understand what is expected of a partner at EY, let alone the fact he is on a first and final warning and his assurances to me [after the Christmas party].’

Nicita claimed he had told the company of his plans to retire, but the court dismissed his case – and ordered he pay all EY’s legal costs in the case. 

HR Legal lawyer Dan Feldman said the end of year holiday season is a busy time for employment lawyers.

‘During December we often receive calls from clients that start with ‘You wouldn’t believe what happened last night at our end of year function’,’ he said.

‘It never ceases to amaze me that we are still getting these calls in the years following #metoo.’