Italian chef dismissed over refusal to serve pineapple pizza loses appeal
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Italian chef dismissed over refusal to serve pineapple pizza loses appeal

Résumé

The Fair Work Commission rejected an Italian chef's claim that his termination for refusing to make pineapple pizza violated workplace protections.

The Fair Work Commission ruled on Tuesday that Davide Tamburella, an Italian head chef at La Costa in Fortitude Valley, Queensland, was lawfully dismissed after repeatedly refusing to prepare a ham and pineapple pizza. Tamburella, who described the topping as contrary to his cultural culinary standards, was terminated on May 20 following a performance review with restaurant owner Elliot Ingram.

Ingram said a large function requested the pizza, costing over $15,000, and although the dish was not his personal preference, he chose to accommodate the request to avoid losing business. Tamburella had previously declined the order three times, citing cultural concerns.

Tamburella also alleged that his dismissal breached the Fair Work Act, claiming it was linked to a workplace injury in which he fractured his right hand after striking a metal handrail. Commissioner Jennifer Hunt dismissed the general protections claim, stating it was filed outside the allowable time frame and did not satisfy criteria for exceptional circumstances.

The restaurant closed in July when its lease ended, with Ingram attributing the closure to high operating costs in the area. Tamburella has since taken a position at another Italian eatery that does not feature pineapple on its menu.

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