Italian Supreme Court rules on employer liability and performance bonuses

The Italian Court of Cassation has issued significant rulings regarding employer responsibilities in workplace accidents and the distribution of performance bonuses.

In a case involving workplace injuries, the Court ruled that an employer remains liable even if a worker exhibits negligence, imprudence, or lack of skill. The judges clarified that the use of obsolete machinery necessitates a prevention system capable of protecting employees from the consequences of their own potential errors. This decision follows a legal action by INAIL to recover funds paid out due to an accident caused by a worker dropping a block of marble.

In a separate matter concerning labor agreements, the Court ruled that the absence of specific performance objectives does not automatically entitle workers to bonuses or compensation. Under a 2003 union agreement, annual bonuses were tied to individual goals. When an employer failed to set these goals for 2013 and 2014, workers sought damages for the loss of chance to earn the bonuses. The Court held that employees must prove they had a real possibility of achieving the targets had they been assigned to qualify for indemnity.