Chef's claim over refusing pineapple pizza dismissed by Australian workplace tribunal

An Italian chef who says he was sacked for refusing to put pineapple on pizza has had his workplace claim dismissed by Australia's national workplace tribunal, the Fair Work Commission. Commissioner Jennifer Hunt dismissed Davide Tamburella's general protections application, a type of claim under workplace law, saying it was filed too late and did not meet the criteria for exceptional circumstances, according to The Guardian.

Tamburella was the head chef at La Costa, a restaurant in Fortitude Valley, a Brisbane suburb in Queensland. He was sacked on 20 May by his boss, Elliot Ingram. Tamburella acknowledged that he had refused a direction to make ham and pineapple pizza on three occasions. He has described the topping as "an insult to his culture", and has said that putting pineapple on pizza was offensive to him as an Italian, according to the Daily Mail.

Tamburella alleged that his dismissal contravened the Fair Work Act, Australia's main national workplace law. He also said the dismissal was partly motivated by a workplace injury in which he fractured his right hand in two places. The commission's decision turned on the timing and criteria of his application rather than on whether those allegations were true.

Tamburella was more than three years into a 186 visa process at the time of his dismissal, according to the Guardian. The 186 visa is an employer-sponsored route to permanent residency in Australia, which means the sponsoring employer plays a central role in the application.

La Costa closed in July when its lease expired. Tamburella is now employed at another Italian restaurant.