World · East Asia & Pacific · 5 hrs ago
Brisbane chef's workplace claim dismissed after late filing
Italian chef Davide Tamburella was dismissed from a Brisbane restaurant in May after workplace performance concerns.
One issue was his refusal to follow his boss's direction to put pineapple on pizzas at a function, which he said he considered offensive to his Italian culture.
He had reportedly refused the same direction twice before in four years, and his employer also cited his conduct during service.
The Fair Work Commission dismissed his challenge because he filed it in July, after the 21-day deadline had passed.
The ruling did not decide whether the reasons for his dismissal were fair; the application was dismissed as late.
Tamburella has since become head chef at Don Gino in Brisbane's West End.
The Fair Work Commission dismissed Brisbane chef Davide Tamburella’s workplace claim because he filed it after the statutory deadline.
Tamburella’s application was lodged in July, after the 21-day filing period had expired.
He was dismissed from La Costa Restaurant and Bar in Fortitude Valley on May 20.
A dispute over an instruction to put pineapple on pizza was among the performance concerns discussed with his employer.
Commissioner Jennifer Hunt’s ruling was published on November 3.
- Who
- Davide Tamburella, an Italian chef who worked at La Costa Restaurant and Bar.
- What
- The Fair Work Commission dismissed his workplace claim because he filed it late.
- When
- The ruling was published on November 3; the claim was lodged in July.
- Where
- La Costa Restaurant and Bar in Fortitude Valley, Brisbane.
- Why
- The application was filed after the 21-day statutory deadline.
Davide Tamburella
La Costa Restaurant and Bar
Pineapple instruction
Davide Tamburella
Tamburella refused to put pineapple on pizza, saying it was an insult to his culture and offensive to him as an Italian.
La Costa Restaurant and Bar
His employer had directed that pineapple be put on pizza at a function.
Dismissal
Davide Tamburella
Tamburella challenged his dismissal through a workplace claim.
La Costa Restaurant and Bar
The stated reasons included performance concerns and his use of inappropriate language and escalation during service.
Tamburella fractured fingers on his dominant hand after striking a metal handrail.
La Costa Restaurant and Bar dismissed Tamburella.
Tamburella lodged his workplace application after the 21-day filing period had expired.
Commissioner Jennifer Hunt’s ruling dismissing the application was published.
- Chef
- Davide Tamburella
- Employer
- La Costa Restaurant and Bar
- Location
- Fortitude Valley, Brisbane
- Dismissal date
- May 20
- Filing deadline
- 21 days
- Ruling published
- November 3
What people are saying
I consider putting pineapple on pizza an insult to my culture and offensive to me as an Italian.