With Order No. 1235 of January 20, 2026, the Italian Court of Cassation addressed the issue of compensation for loss of chance in relation to the failure to grant annual bonuses to employees.
The ruling clarifies a fundamental principle: there is no automatic link between the failure to assign targets or the non-recognition of a bonus and the right to compensation.
An employee who brings legal action to obtain compensation for loss of chance must concretely and rigorously prove the existence of the conditions from which the loss of an actual financial advantage derives. It is not sufficient to merely claim the expectation of receiving the bonus; rather, it is necessary to demonstrate that there was a real and serious probability of obtaining it and that such opportunity has been compromised.
To learn more, an article by Gaspare Roma and Laura Mucciarelli is available on NT+ Diritto of Il Sole 24 Ore, providing an in-depth analysis of the order.