Chef loses bid to return to Brisbane pizzeria over pineapple refusal

Davide Tamburella, an Italian chef in Brisbane, Australia, lost a Fair Work Commission ruling filed Tuesday that sought to overturn his dismissal from La Costa. He was terminated on May 20 of this year after refusing to prepare a ham and pineapple pizza, a stance he maintained was an insult to his culture. The employer-sponsored 186 visa process he was undergoing for permanent residency was subsequently withdrawn because the termination occurred just before the legal deadline for sponsorship withdrawal.

The dispute centered on a specific customer request during a large function where the client spent more than $15,000. Boss Elliot Ingram stated that the client explicitly requested ham and pineapple pizza. Tamburella had previously refused the same instruction twice, prompting Ingram to ask him to verify how important the tradition was for Italians. This third refusal led to the performance review that culminated in his firing two weeks later.

Ingram, who has run restaurants for more than a decade, explained that he waited as long as legally permitted to notify immigration authorities of the job separation. His goal was to allow Tamburella’s visa application to be approved before he was required to withdraw sponsorship. The application was not approved in time, forcing the chef to restart the multi-year residency process from the beginning.

Tamburella alleged that his termination violated the Fair Work Act and was partly motivated by a workplace injury. He claimed he fractured his right hand in two places after striking a metal handrail. However, Commissioner Jennifer Hunt dismissed his general protections application. She ruled that the filing was submitted too late and failed to meet the criteria for exceptional circumstances.

La Costa, which served classic Italian dishes in Fortitude Valley, closed in July when its lease expired. Ingram cited the high cost of doing business in the area as the reason for closing the restaurant. The establishment had previously featured ham and pineapple pizza on its kids menu, a detail Ingram used to support his claim that he was willing to accommodate customer preferences despite his personal taste.

Tamburella is now employed at another Italian restaurant in Brisbane. The menu at his new workplace does not include pineapple. The restaurant’s website, which described the venue as an elegant slice of Italy in the urban heart of Queensland, remains online despite the closure.