Italian chef loses unfair dismissal bid over late filing to commission

Italian chef Davide Tamburella’s challenge to his dismissal from a Brisbane restaurant has been dismissed by the Fair Work Commission. He had refused his employer’s instruction to put pineapple on pizzas, describing it as offensive to him as an Italian, but the Commission did not rule on the merits of the dispute.

Tamburella was dismissed from La Costa Restaurant and Bar on 20 May after discussions about performance concerns, including the refusal, which he said had happened three times in four years. Other concerns cited included inappropriate language and an incident in which he fractured fingers on his dominant hand. Commissioner Jennifer Hunt dismissed his application because he lodged it in July, beyond the statutory 21-day deadline; he has since become head chef at Don Gino.