Australia’s Fair Work Commission (FWC) last week rejected an unfair dismissal claim filed by Davide Tamburella, who previously worked at the La Costa restaurant in Brisbane, Queensland.
The commission found that Tamburella had lodged his application after the statutory 21-day deadline and did not showcase exceptional circumstances warranting an extension, Channel News Asia reported.
The commission therefore did not determine whether his dismissal had breached the Fair Work Act.
According to the ruling, Tamburella was dimissed from the restaurant in May after refusing several times to prepare ham-and-pineapple pizzas, with the dispute becoming one of several complaints about his conduct at work, The Guardian reported.
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A pizza with pineapple topping. Photo by Tripadvisor |
According to the commission, the Italian chef viewed putting pineapple on pizza “an insult to his culture” and argued that he should not be required to follow management instructions that conflicted with his cultural beliefs.
The chef acknowledged that he had rejected similar requests about three times over four years.
The case also affected Tamburella’s bid for permanent residency in Australia. He had spent more than three years pursuing an employer-sponsored visa, but his dismissal disrupted the process and forced him to start again, BBC reported.
La Costa Restaurant and Bar, located in Brisbane’s Fortitude Valley, closed in July after its lease expired.
Tamburella has since secured a new job as head chef at Italian restaurant Don Gino in Brisbane’s West End. Its pizza menu, unsurprisingly, does not include pineapple.