An Italian chef who was sacked after refusing to put pineapple on pizza, calling it an insult to his culture, has lost his bid for an unfair dismissal hearing after filing his application 28 days late. The Fair Work Commission ruled there were no exceptional circumstances to justify the delay and dismissed the case.
Davide Tamburella, a resident on a visa, worked at La Costa restaurant in Queensland’s Fortitude Valley. In April 2026 he fractured his right hand in a workplace accident. At a meeting in May, his employer raised performance issues including his refusal to add pineapple to a pizza for a function. Tamburella said he did not need to follow the direction because “as an Italian … putting pineapple on a pizza is an insult to [his] culture”.
The employer sacked Tamburella on May 20, citing his refusal, inappropriate language, escalation of the situation during service, and failure to manage the situation in line with previously discussed expectations and processes. The employer said there had been a documented disciplinary process arising from workplace conduct concerns that predated his injury.
Tamburella needed to file an unfair dismissal application within 21 days but submitted it 28 days late. He pointed to his injury and related symptoms, including brain fog and strong prescribed drugs, stress about his visa, and wanting to collect all documents first; his doctor’s letter said continued medical attention may have contributed to the delay. He also said his migration lawyer advised him not to take action immediately because doing so could cause his employer to withdraw the subclass 186 nomination needed to maintain his visa.
Commissioner Jennifer Hunt accepted Tamburella was suffering some pain, brain fog and taking strong prescribed drugs, but ruled he had the capacity to engage lawyers, use his phone, and take weekends away. “It cannot be said that Mr Tamburella was without capacity to bring his application within time,” she said, adding he was “in essence, hedging his bets”. She found the circumstances not out of the ordinary course and noted the dismissal reasons appeared strong.
Analysis
Why This Matters
- The 21-day deadline for unfair dismissal claims is strict; even genuine health and visa pressures may not qualify as exceptional circumstances.
- The case illustrates that cultural objections do not necessarily override workplace directions, and the commission did not accept the chef's cultural defence as a justification for refusing a task.
- Employees facing dismissal need to file promptly, and waiting for other outcomes such as visa nominations can backfire.
Background
Davide Tamburella, an Italian chef on a visa, worked at La Costa in Fortitude Valley, Brisbane. In April 2026 he suffered a workplace hand injury. In May 2026 he was dismissed after a disciplinary process that included his refusal to put pineapple on a pizza, which he considered an insult to his Italian culture. He tried to lodge an unfair dismissal claim but was 28 days late. The Fair Work Commission ruled there were no exceptional circumstances to extend the time limit.
Key Perspectives
- Davide Tamburella: argued the direction to add pineapple was offensive to his culture and that he did not have to obey it; he also claimed his dismissal was partly motivated by his workplace injury claim.
- Employer (La Costa): said there was a documented disciplinary process about conduct concerns that predated the injury, including communication style and failure to manage escalation.
- Commissioner Jennifer Hunt: found no exceptional circumstances for the delay, stating that Tamburella had capacity to engage with lawyers and enjoy leisure time, and was effectively "hedging his bets" on his visa nomination.
What to Watch
- The status of Tamburella's visa nomination, which was at risk after his employment ended and which Home Affairs had been notified about.
- Whether the case influences how employers in hospitality set policies for customer requests that conflict with staff cultural or personal beliefs.
Checked
12 claims in this story checked against 1 source: 12 supported.
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- SupportedThe Fair Work Commission dismissed the chef’s unfair dismissal case after he filed late over the pineapple-pizza dispute.Sydney Morning Herald - Latest News: “Tamburella was sacked on May 20 and needed to submit his unfair dismissal application within 21 days of being dismissed. However, he ended up filing his application 28 days late.”
- SupportedThe Commission found no exceptional circumstances to extend the deadline, despite Tamburella’s injury and visa concerns.Sydney Morning Herald - Latest News: “commissioner Jennifer Hunt ruled there were no “exceptional circumstances” to warrant an extension of time for the application, therefore dismissing the case.”
- SupportedTamburella said refusing to put pineapple on a pizza was an insult to his culture.Sydney Morning Herald - Latest News: “Tamburella said he refused the request because “as an Italian … putting pineapple on a pizza is an insult to [his] culture””
- SupportedTamburella filed his unfair dismissal application 28 days late, after a 21-day deadline.Sydney Morning Herald - Latest News: “Tamburella was sacked on May 20 and needed to submit his unfair dismissal application within 21 days of being dismissed. However, he ended up filing his application 28 days late.”
- SupportedTamburella worked at La Costa restaurant in Fortitude Valley, Queensland, and was a resident on a visa.Sydney Morning Herald - Latest News: “Davide Tamburella, who was a resident on a visa, began working as a chef at a now-closed restaurant in Queensland’s Fortitude Valley called La Costa in January 2023.”
- SupportedTamburella fractured his right hand in a workplace accident in April 2026.Sydney Morning Herald - Latest News: “in April 2026 Tamburella was injured in the workplace when he struck a metal handrail, fracturing the fourth and fifth metacarpals of his right hand.”
- SupportedAt a May meeting, the employer raised performance concerns including Tamburella’s refusal to add pineapple to a pizza for a function.Sydney Morning Herald - Latest News: “During this meeting his employer raised the issue of Tamburella refusing to put pineapple on pizza for a function.”
- SupportedThe employer cited Tamburella’s refusal, inappropriate language, escalation during service and failure to manage the situation in line with expectations and processes as reasons for dismissal.Sydney Morning Herald - Latest News: “The reasons given by his employer for Tamburella’s dismissal included that incident but also use of inappropriate language and escalation of the situation during service, failure to manage the situation in accordance with previously discussed expectations and processes”
- SupportedThe employer said a documented disciplinary process over workplace conduct concerns predated Tamburella’s injury.Sydney Morning Herald - Latest News: “his employer said there had been a documented disciplinary process arising from workplace conduct concerns that predated the injury.”
- SupportedTamburella cited his injury symptoms, visa stress and desire to collect documents as reasons for filing late; his doctor’s letter said ongoing medical attention may have contributed to the delay.Sydney Morning Herald - Latest News: “the need for continued medical attention may have contributed to delay in seeking advice from the commission within the usual time frame.”
- SupportedTamburella said his migration lawyer advised him not to act immediately because the employer might withdraw the subclass 186 nomination needed to maintain his visa.Sydney Morning Herald - Latest News: “He said the lawyer advised him “not to wake the sleeping dog” and to wait, focus on his recovery, and not to take action against the employer yet because doing so could cause them to withdraw the subclass 186 nomination needed to maintain his visa.”
- SupportedCommissioner Jennifer Hunt said Tamburella had capacity to bring his application on time and was, in essence, hedging his bets.Sydney Morning Herald - Latest News: ““It cannot be said that Mr Tamburella was without capacity to bring his application within time. Only when he was advised that the nomination had to be withdrawn because Home Affairs was aware that he was no longer employed did Mr Tamburella consider that it would be prudent to bring an application. [He] was, in essence, hedging his bets.””