Fair Work Commission rejects chef’s late dismissal claim

The Fair Work Commission has rejected Brisbane chef Davide Tamburella’s unfair-dismissal application because it was filed outside the required time limit, leaving the legality of his dismissal undecided. The commission did not assess whether the restaurant had grounds to fire him or whether his cultural objection was protected. Tamburella was dismissed from La Costa in May, about two weeks after a meeting with management over workplace concerns, according to the commission’s account. The restaurant has since closed. The ruling said the application was late, so the commission did not consider the merits of his case. The commission’s account said Tamburella refused requests to put pineapple on pizzas three times over four years. One involved a function where a customer requested ham-and-pineapple pizzas. Tamburella said he considered the topping an insult to his Italian culture and told his employer that management instructions need not be followed when he considered them offensive to that culture. Restaurant managing director Elliot Ingram said the refusal was one of several matters considered during the disciplinary process. The other concerns included swearing, communication...