Overview
- Davide Tamburella was dismissed by La Costa Restaurant and Bar on May 20 after a meeting about performance concerns that included his refusal to prepare ham-and-pineapple pizzas for a private function.
- The Fair Work Commission rejected his unfair dismissal and general protections application because it was lodged outside the 21-day statutory window and the commission declined to grant an extension.
- Commission documents show Tamburella told management he found pineapple on pizza an “insult to his culture” and that this was his third refusal of the same instruction in four years.
- La Costa told the tribunal there were wider conduct and performance issues, including use of inappropriate language, escalation during service and an April hand injury, the restaurant later closed, and Tamburella’s LinkedIn lists him as head chef at Don Gino.
- Because the claim was dismissed on timing grounds the commission did not rule on the central legal question, leaving employers, staff and visa sponsors without guidance on how cultural objections to customer requests should be handled.