Classical pianist Jayson Gillham’s lawsuit against the Melbourne Symphony Orchestra (MSO) began in the Federal Court this week.
In 2024, MSO cancelled Gillham’s concert over comments he made at a previous performance about Israeli forces killing Palestinian journalists in Gaza.
In court documents, MSO said Gillham’s comments were “unauthorised” and “not conduct that is expected in the classic music industry.”
Gillham alleges it was unlawful to cancel the concert over his political beliefs.
What happened
In August 2024, Gillham performed a recital in Melbourne.
Composer Connor D’Netto wrote a piece for Gillham to perform, titled ‘Witness’. D’Netto attached a note dedicating it to “the journalists of Gaza”.
Before his performance, Gillham said: “Over the last 10 months, Israel has killed more than 100 Palestinian journalists. A number of these... as they were travelling in marked press vehicles or wearing their press jackets... In addition to the role of journalists who bear witness, the word witness in Arabic is shaheed, which also means martyr.”
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According to the Committee to Protect Journalists, Israeli forces have killed 264 journalists in Gaza since October 2023.
Under international law, it is a war crime to deliberately target journalists, health workers, or hospitals.
Following Gillham’s recital, MSO cancelled a second, scheduled performance.
They told ticketholders Gillham made “personal remarks without seeking the MSO’s approval or sanction,” and that it “does not condone the use of [its] stage as a platform for expressing personal views.”
Lawsuit
In October 2024, Gillham sued the MSO in the Fair Work division of the Federal Court.
The trial began this week in Melbourne, with Gillham arguing cancelling the concert was an illegal “adverse action” taken against him over his political beliefs, and that he was discriminated against and had his reputation damaged due to those beliefs.
MSO alleges Gillham breached his contract with the organisation by not providing notice of his comments, which they called “unprofessional”.
