The federal court has permitted concert pianist Jayson Gillham to proceed with his lawsuit against the Melbourne Symphony Orchestra (MSO), as directed by Chief Justice Debra Mortimer.
Back in March, the MSO attempted to dismiss Gillham’s case, claiming he was not an employee but a freelance contractor and therefore not protected by the Fair Work Act or Victoria’s Equal Opportunity Act.
Gillham’s legal team, led by Sheryn Omeri, countered that the MSO’s alleged political belief-based or activity-based discrimination was unlawful under Victoria’s Equal Opportunity Act.
Thursdays federal court ruled against the MSO, indicating that there was a reasonable chance of Gillham winning his case and that labor laws protect his relationship with the orchestra.
Gillham is taking legal action over a cancelled concert on the 15th of August, which he believes was an attempt to silence him regarding his stance on the conflict in Gaza.
Earlier in August, at a performance in Southbank’s Iwaki Auditorium, Gillham played a piece called “Witness,” composed by Australian multimedia artist Connor D’Netto, which honored journalists killed in the Gaza conflict.
In his introduction of the work, Gillham highlighted that over 100 Palestinian journalists had been killed, emphasizing that the targeting of journalists in conflicts is a war crime according to international law.
Following the performance, the MSO announced the cancellation of Gillham’s 15th August concert, citing that Gillham made personal remarks without their approval, and that these remarks caused distress.
The MSO has denied that Gillham faced political-based discrimination and affirmed that their actions were not about free speech.
In October, Gillham released a statement condemning the MSO’s actions as part of a “disturbing trend of silencing voices.”
Gillham stated that the situation extended beyond artistic freedom, affecting the right to free speech and the role of art in addressing social issues.
Around the same time, MSO musicians voiced a vote of no confidence in MSO’s managing director, Sophie Galaise, who eventually resigned.
Galaise was no longer a respondent in the legal action against the MSO in March, and Gillham and Galaise reached a confidential settlement before the organization tried to have the lawsuit thrown out in federal court.
Source: https://www.theguardian.com/australia-news/2025/may/08/court-greenlights-trial-of-pianists-discrimination-claim-after-melbourne-orchestra-cancelled-concert-ntwnfb
