Arabic version: القاضي يحكم أن إلغاء أوركسترا ملبورن السيمفونية لحفل بيانو كان قانونياً
A federal court has rejected classical pianist Jayson Gillham’s discrimination claim against the Melbourne Symphony Orchestra after the orchestra cancelled a contracted performance.
According to The Guardian, Justice Graeme Hill found workplace protections did not extend to Gillham because he was an independent contractor and that the orchestra had acted legitimately to protect its business and reputation.
Gillham had been contracted to perform on 15 August 2024 but the MSO cancelled the concert after he played a short piece called Witness on 11 August, which he dedicated to Palestinian journalists killed by Israeli forces. Introducing the work, Gillham told the audience that more than 100 Palestinian journalists had been killed and that the targeting of journalists in a conflict was a war crime under international law. Hill said the “political content” of those remarks was not a “substantial and operative reason” for the MSO’s subsequent actions and noted a custom or practice that performers should not make statements on sensitive political or social issues from the stage without permission.
Gillham had alleged four adverse actions contrary to section 340 of the Fair Work Act, including the concert cancellation, an MSO email to patrons announcing the cancellation, an attempt to impose conditions for him to perform, and an alleged failure to apologise in public statements. The MSO admitted cancelling the show was an adverse action, but Hill found the other three actions did not breach the Fair Work Act because they were taken after his independent contract had been terminated. He also ruled that Victoria’s Equal Opportunity Act did not operate as a workplace law in this context and rejected Gillham’s argument that it effectively prohibited unfavourable treatment over political beliefs.
The court heard MSO managing director Sophie Galaise emailed leadership on 14 August about a possible re-invitation, but Gillham rejected that re-invitation. The MSO later said it cancelled the 15 August recital due to “safety concerns” and independent security advice, and acknowledged it had erred in asking Gillham to step back. The orchestra’s chair, Edgar Myer, said the organisation wished to acknowledge the dedication of its musicians and staff and hoped to put the matter behind it so it could focus on music. Gillham’s lawyers said they would consider the judgment before possibly applying for a cross order under section 570 of the Fair Work Act, and MSO lawyers said they were considering a costs application.
