An Italian chef who said he would not put pineapple on a pizza because it offended his culture has failed to regain his job after missing the Fair Work Commission filing deadline.
Davide Tamburella began working at Fortitude Valley restaurant La Costa in January 2023 and was a resident on a visa. The restaurant has since closed.
In April 2026 Tamburella suffered a workplace injury, striking a metal handrail and fracturing the fourth and fifth metacarpals of his right hand. His employer later cited that incident among several reasons for terminating his employment.
The employer also pointed to concerns about Tamburella’s language, escalation of incidents during service, repeated refusal to follow directions and ongoing issues with communication and conduct. Management raised the incident of him refusing a customer request to add pineapple at a May meeting.
Tamburella told the commission he had refused the request because “as an Italian … putting pineapple on a pizza is an insult to [his] culture” and admitted it was the third time in four years he had declined that direction.
He was sacked on 20 May 2026 and had to lodge an unfair dismissal application within 21 days. He instead filed 28 days late after seeking advice from a migration lawyer and waiting on medical recovery and documentation.
Tamburella supplied a doctor’s letter describing ongoing symptoms and the need for continued medical care, and a counsellor’s report recording stress, anxiety and disturbed sleep after the injury. He told the commission he was also waiting on a possible subclass 186 visa nomination decision before taking action.
Commissioner Jennifer Hunt refused to grant an extension of time, finding there were no exceptional circumstances to excuse the delay. She noted Tamburella had been able to communicate with two lawyers, use his phone, provide instructions to his fiancée and take two weekend breaks, and concluded he had capacity to lodge on time.
“While I accept that Mr Tamburella was suffering some pain, brain fog and was taking strong prescribed drugs following his dismissal on 20 May 2026, he had capacity to engage with his first and then second migration lawyer, use his mobile phone, provide instructions to his fiancee and also enjoy two weekends away to relax,” Commissioner Hunt said.
The commission also recorded the employer’s view that disciplinary concerns predated the injury and said the reasons for dismissal appeared strong, reducing Tamburella’s prospects of success in any merits hearing.
The case highlights the strict timing rules in unfair dismissal claims and the limited circumstances in which the commission will extend the statutory 21-day period. For visa holders, the decision underlines the tension between immigration concerns and employment law deadlines when deciding whether to pursue a claim.
