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Italian Head Chef Fired Over Refusal to Make Pineapple Pizza Loses Fair Work Claim

The Fair Work Commission ruled the unfair dismissal application was filed too late so it did not rule on whether the sacking was justified.

Overview

  • La Costa dismissed chef Davide Tamburella in May 2026 after a management meeting that followed multiple complaints about his conduct and repeated refusals to prepare ham-and-pineapple pizzas.
  • The Fair Work Commission published its decision on November 5, 2026 and rejected Tamburella’s unfair dismissal claim as time-barred rather than deciding the substantive merits of the firing.
  • Following his dismissal the restaurant withdrew support for Tamburella’s employer-sponsored permanent-visa (subclass 186) application that had been underway for more than three years, forcing him to restart the process.
  • Owner testimony to the tribunal said the business sometimes had to fulfil contested orders, noting a private event that paid over A$15,000 and specifically requested ham-and-pineapple pizzas as an example of the economic pressure on staff.
  • La Costa closed in July 2026 when its lease expired and Tamburella has since taken a job at another Brisbane Italian restaurant whose menu reportedly excludes pineapple-topped pizzas; the case highlights strict Fair Work time limits and how workplace conduct, cultural claims and visa sponsorship can intersect.