Refusal to follow instructions led to dismissal
The Fair Work Commission of Australia dismissed the claim of Italian chef Davide Tamburella, who previously worked at a Brisbane restaurant. Among the reasons for his dismissal on 20 May was his refusal to put pineapple on a pizza, which he considered an "insult to his culture".
Background of the conflict
Two weeks before his dismissal, Tamburella held a meeting with his employer, La Costa Restaurant and Bar in the Fortitude Valley district, where "performance concerns" were discussed. Among them was his refusal to fulfil a client's request at an event to add the tropical fruit to the dish.
During the conversation, the chef acknowledged that he was aware of his manager, General Manager Elliot Ingram, instruction regarding the use of pineapple. He categorically refused, stating that for an Italian, it is offensive. Tamburella also noted that this was his third refusal to carry out such an instruction in four years of work. He advised the manager to learn about the cultural significance that some Italians attach to the absence of pineapple on pizza.
Other reasons for termination of employment
In addition to the pizza incident, other circumstances were included in the reasons for dismissal. In particular, on 24 April, Tamburella broke fingers in his dominant hand by hitting a metal handrail. The document also cited "your admitted use of unacceptable language and escalation of the situation while serving guests".
Court decision and comments from the parties
Details of the case became known from the Fair Work Commission decision, published on 3 November by Commissioner Jennifer Hunt. Although the claim was heard, it was dismissed because the application was filed after the statutory deadline had expired, and the request for an extension was denied.
Elliot Ingram, General Manager of La Costa Restaurant and Bar, stated in a comment that "there is more to this story than just pizza toppings".
"As recorded in the published Fair Work Commission decision, the refusal to follow a management instruction regarding a client's request was one of several issues raised during the disciplinary process, Mr Ingram emphasised. The decision records our concerns regarding unacceptable language, escalation during service, and interaction with staff".
He added that the company's position was that the workplace injury, sick leave, and workers' compensation claim had no bearing on the decision to terminate employment. The Commission dismissed the application for general protections regarding the dismissal, refused to extend the filing deadline, and did not make a final determination on the reasons for dismissal.
Current status
According to his LinkedIn profile, Davide Tamburella is already working as head chef at the Don Gino establishment in the West End district. The editorial team attempted to obtain his comment on the situation.
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