Overview
- The dispute began when chef Davide Tamburella refused a customer request to add pineapple to a pizza, saying the topping was an insult to his Italian culture.
- La Costa told staff the refusal was one of several performance and conduct issues it raised during a meeting that led to Tamburella’s dismissal in May.
- Tamburella lodged a general protections application with the Fair Work Commission in July, but Commissioner Jennifer Hunt dismissed it as out of time because it was filed after the statutory 21-day window.
- Because the commission ruled on timing rather than the facts, it did not address whether a cultural or conscience claim can lawfully excuse refusing a reasonable management instruction.
- Tamburella has since been listed as head chef at Don Gino in West End, and the case highlights the strict FWC filing rules and the legal tension between following employer directions and asserting cultural objections.