Italian chef's dismissal upheld after late unfair-dismissal claim

The Fair Work Commission has dismissed an unfair-dismissal claim lodged by Davide Tamburella, a chef who was terminated by a Queensland restaurant in May 2026. Tamburella, who worked at the now-closed La Costa in Fortitude Valley, filed his application 28 days after the required 21-day deadline.

The commission noted that Tamburella’s dismissal was based on multiple factors, including a workplace injury in April 2026, alleged inappropriate language, and repeated refusal to follow a management directive to add pineapple to a pizza for a function. Tamburella argued the refusal was cultural, stating, "as an Italian … putting pineapple on a pizza is an insult to my culture."

Commissioner Jennifer Hunt ruled that the delay did not constitute “exceptional circumstances.” She observed that Tamburella was able to communicate with lawyers, use a mobile phone, and even take weekend trips, indicating sufficient capacity to meet the filing deadline. Hunt added that the employer had documented disciplinary concerns predating the injury.

Tamburella’s migration lawyer had advised him to postpone action to avoid jeopardising a subclass 186 visa nomination. The chef later submitted medical and counselling letters with his claim, citing ongoing pain, stress, and anxiety, but the commission found no basis to grant an extension.

The decision underscores the importance of adhering to strict time limits for unfair-dismissal applications under Australian industrial relations law.