Brisbane head chef loses unfair dismissal appeal over pineapple on pizza incident

A Brisbane head chef sacked after repeatedly refusing to put pineapple on a customer’s pizza has lost his unfair dismissal claim.

Davide Tamburella was dismissed from La Costa Restaurant and Bar in Fortitude Valley on May 20. Fair Work Commissioner Jennifer Hunt handed down the decision on November 3, throwing out his application because he filed it in July, after missing a June deadline.

The dismissal followed a meeting two weeks earlier, where managing director Elliot Ingram raised “performance concerns” about Tamburella’s refusal to put pineapple on a pizza for a function.

Tamburella confirmed he knew of the direction but refused it, considering the topping an insult to his culture as an Italian. He said the direction need not be followed when it is offensive to his culture. He acknowledged it was the third time in four years he had refused the direction.

The reasons given for his dismissal also included an incident on April 24, when he fractured fingers on his dominant right hand after striking a metal handrail at work, and his “acknowledged use of inappropriate language and escalation of the situation during service”.

Failed to follow orders

Ingram said in a statement that “refusing to follow a management direction relating to a customer request was one of several matters raised during the disciplinary process”.

“The decision records the concerns we raised about inappropriate language, escalation during service and interactions with staff,” the statement read.

“Our position in the proceedings was that Mr Tamburella’s workplace injury, medical leave and workers’ compensation claim played no part in our decision to end his employment.

“The Commission dismissed his general protections dismissal application after refusing an extension to the filing deadline. It did not finally determine his claim about the reasons for his dismissal.”

Tamburella now works as head chef at Don Gino in West End, according to his LinkedIn profile.

Jonathan Jackson, 9th November 2026