Overview
- Davide Tamburella was sacked by La Costa in Brisbane after he refused to put pineapple on pizzas for a high-value function, with that refusal recorded as one of several performance and conduct concerns.
- The Fair Work Commission published a decision on November 3 that dismissed his general protections and unfair-dismissal application because it was lodged outside the 21-day statutory window and no extension was granted.
- La Costa closed in June and the restaurant owner, Elliot Ingram, said the dismissal rested on repeated refusals to follow management directions plus allegations of inappropriate language and service escalations.
- Tamburella says his stance was rooted in family recipe and cultural tradition, he has received public support in Italy, and he has since listed a head-chef role at Don Gino in West End.
- The commission’s procedural ruling means the core legal question about when cultural beliefs can excuse disobeying workplace directions remains undecided and any employer‑sponsored permanent residency tied to his former job would need to be restarted.