Chef Fired Over Pineapple Pizza Loses Bid to Get Job Back in Australia

An Italian chef who was fired from a Brisbane restaurant after refusing to put pineapple on a pizza has lost his bid to challenge the dismissal. Australia's Fair Work Commission rejected his application because he filed it too late, according to The Guardian, the BBC and The Independent. The ruling did not decide whether the firing was justified.

The chef, Davide Tamburella, worked at La Costa in Fortitude Valley. The dismissal also left his hopes of permanent residency in Australia in doubt, because the visa process tied to his employer has to start over.

How the dispute unfolded

• April 24: Tamburella fractured bones in his right hand after striking a metal handrail at work, according to The Independent. The BBC also places the incident in April.
• Early May: About two weeks before his dismissal, Tamburella was called to a meeting with management over performance concerns, the outlets reported. One concern was his refusal to prepare ham and pineapple pizzas for guests at a function.
• May 20: Tamburella was sacked from the restaurant.
• July: La Costa closed when its lease expired. Managing director Elliot Ingram blamed the high cost of doing business in Fortitude Valley, The Guardian reported.
• Tuesday: The commission released its ruling dismissing Tamburella's application. Commissioner Jennifer Hunt found it was filed outside the time limit and did not qualify for an exception for exceptional circumstances.

What each side told the commission

According to the ruling, Tamburella considers pineapple on pizza to be, as an Italian, an “insult to his culture.” He acknowledged that it was the third time in four years he had refused such an instruction. The BBC and The Independent reported that he had earlier said management directions need not be followed when they are offensive to his culture. He also asked Ingram to check how important it is for Italians not to put pineapple on pizza.

Ingram said the refusal came to a head when a customer organizing a large function, with a bill of more than $15,000, asked for ham and pineapple pizzas. The Independent reported the figure as Australian dollars. Ingram said pineapple was not his own favorite topping, but that after 17 years in hospitality and more than a decade running restaurants he had learned to choose his battles. He noted that ham and pineapple pizza had previously been on the children's menu.

Management also raised concerns about foul language, communication style and escalating frustration in the workplace, according to the BBC and The Independent. Ingram told the Daily Mail there was “more to this story than a pizza topping.”

Tamburella argued that his dismissal breached the Fair Work Act and was partly motivated by his workplace injury. The Independent noted that the commission's decision did not establish whether the allegations about the reasons for his dismissal were justified.

What this means for the chef's visa and career

Tamburella was more than three years into an employer-sponsored subclass 186 visa process, a pathway to permanent residency for eligible skilled workers. Accounts differ on how it ended. The Guardian and The Independent reported that Ingram said he waited as long as legally possible before telling authorities he was no longer employing the chef, hoping the application would be approved first. It was not, so Tamburella would have to restart the process. The BBC reported that the restaurant ended the sponsorship after the sacking.

Because the case was dismissed on timing, the commission never ruled on the substance of his complaint. Tamburella has not had his job restored. The outlets report that he now works at another Italian restaurant in Brisbane, where pineapple does not appear on the menu. The Guardian, the BBC and The Independent each said they had contacted him for comment.

Why the story drew attention

Queensland is considered Australia's pineapple heartland. The BBC reported that it produces all of the country's commercially grown pineapples. The state is also home to the Big Pineapple, a heritage-listed fibreglass landmark on the Sunshine Coast that is 16 meters tall and draws visitors who stop for photos.

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Around Prague, based on reporting by The Guardian, BBC News, The Independent