Italian chef loses late dismissal challenge after pineapple pizza dispute

An Italian chef dismissed from a Brisbane restaurant after performance concerns that included his refusal to put pineapple on pizza has lost his bid to challenge his termination. Fair Work Commission commissioner Jennifer Hunt rejected Davide Tamburella’s general protections application because it was submitted too late and did not meet the criteria for exceptional circumstances.

A ruling filed on Tuesday detailed how Tamburella was dismissed from La Costa on 20 May, two weeks after a meeting with his boss, Elliot Ingram, about concerns over his performance. The restaurant, in Queensland’s Fortitude Valley, promoted itself as an elegant Italian dining destination inspired by the country’s coastline.

Among the issues raised was Tamburella’s unwillingness to prepare pizza with pineapple, which he regarded as “an insult to his culture”. The commission heard that the chef acknowledged having refused the instruction three times. He had instead asked Ingram to consider how important avoiding pineapple on pizza was to Italians.

Ingram described one occasion involving a large function whose guests were spending more than $15,000. The person covering the bill requested ham and pineapple pizza. Although Ingram said the combination was not his favourite, he argued that his 17 years in hospitality, including more than a decade operating restaurants, had taught him to choose which disagreements to pursue. Ham and pineapple pizza had also previously featured on the restaurant’s children’s menu.

The dismissal carried consequences for Tamburella’s immigration plans. He was more than three years into the 186 visa process, an employer-sponsored route to permanent residency. Ingram said he delayed notifying authorities that Tamburella was no longer employed for as long as he legally could, hoping the application would be approved before he had to withdraw his sponsorship. Approval did not arrive in that period, leaving Tamburella needing to begin the process again.

In his application, Tamburella alleged that his termination breached the Fair Work Act. He claimed the decision was partly motivated by a workplace injury sustained when he struck a metal handrail, fracturing his right hand in two places. Hunt’s decision dismissed the application on timing grounds and the absence of qualifying exceptional circumstances.

La Costa subsequently shut in July when its lease ended. Ingram attributed the closure to the high cost of operating in Fortitude Valley. Tamburella, who was contacted for comment, now works at another Italian restaurant, where pineapple does not feature on the menu.