By Islam El-Sakka
An Italian chef who was sacked for refusing to put pineapple on pizza has lost his bid to regain his job after Australia's Fair Work Commission ruled his unfair dismissal claim was filed too late.
Cultural dispute leads to termination
Davide Tamburella, head chef at La Costa restaurant in Brisbane's Fortitude Valley, was dismissed on May 20 after refusing a directive to prepare ham and pineapple pizza. Tamburella told managing director Elliot Ingram that adding pineapple to pizza was "an insult to his culture" and asked him to "check how important it is for Italians not to put pineapple on a pizza."
The commission heard this was the third time Tamburella had refused to make the controversial topping. Ingram testified that a large function booking worth over $15,000 had requested ham and pineapple pizza, and after 17 years in hospitality he had learned to "pick your battles" regarding customer preferences.
Visa implications and commission ruling
Tamburella was more than three years into an employer-sponsored 186 visa process for permanent residency. Ingram said he delayed notifying authorities about the termination as long as legally possible, hoping the visa would be approved first, but it was not, forcing Tamburella to restart the process.
Commissioner Jennifer Hunt dismissed Tamburella's general protections application, finding it was lodged outside the 21-day time limit and did not meet criteria for exceptional circumstances. Tamburella had also alleged his dismissal was partly motivated by a workplace injury where he fractured his right hand in two places.
Restaurant closure and current status
La Costa closed in July when its lease expired, with Ingram citing high operating costs in Fortitude Valley. Tamburella is now employed at another Italian restaurant where pineapple does not appear on the menu.
