Horkulak v Cantor Fitzgerald International [2004] EWCA Civ 1287 is a UK labour law case holding that a discretionary bonus may form part of the damages for wrongful dismissal, if the sum of bonuses is predictable.

Mr Horkulak traded derivatives on a 3 year fixed contract paying £250k with an annual discretionary bonus.

He claimed constructive and wrongful dismissal after an episode of bullying and abuse.

The Court of Appeal held the discretion in awarding a bonus had to be exercised honestly and in good faith, not capriciously, arbitrarily or unreasonably.

Because Mr Harkuluk was constructively and wrongfully dismissed as a result of bullying and abuse, the bonus was a part of damages and the court could predict what would be given.