Overview
- La Costa dismissed head chef Davide Tamburella on 20 May after a meeting about conduct and performance that included his refusal to make ham‑and‑pineapple pizzas for a large private function.
- The Fair Work Commission threw out his unfair dismissal application on Tuesday because it was lodged after the statutory 21‑day deadline and did not meet the test for an extension.
- The tribunal’s ruling stopped short of deciding the key legal question of whether an employee may lawfully refuse a reasonable management direction on cultural grounds.
- La Costa told the commission it relied on multiple issues in the disciplinary process, including three refusals to add pineapple over four years, use of inappropriate language, leadership and communication concerns, and a workplace hand injury.
- The sacking interrupted Tamburella’s employer‑sponsored subclass 186 permanent residency pathway, La Costa later closed, and Tamburella is reported to be working as head chef at Don Gino in Brisbane’s West End.