Federal Court Judge Graeme Hill Dismisses Jayson Gillham Discrimination Case Against Melbourne Symphony Orchestra

A Federal Court judge, Justice Graeme Hill, dismissed classical pianist Jayson Gillham’s discrimination case against the Melbourne Symphony Orchestra after the MSO cancelled a Melbourne concert he was contracted to perform on 15 August 2024.

“Cancelled musician Jayson Gillham has lost his case against the Melbourne Symphony Orchestra over comments he made about the war in Gaza in 2024”

ABC News & Headlines – Australian Broadcasting Corporation

Gillham had argued the cancellation was an attempt to silence him over his stance on Israel’s attacks in Gaza, and the case turned on whether the MSO acted because of his political beliefs or to address business and reputation impacts.

ABC News & Headlines – Australian Broadcasting Corporation

Hill found the MSO would have taken the same actions even if Gillham had expressed a political belief in support of Israel, and also said it was not any part of the court’s role to enter upon broader public controversy.

In the lead-up to the cancellation, Gillham told the audience during a Melbourne performance on 11 August 2024 that Israel had deliberately targeted some journalists to prevent reporting of war crimes, and he introduced a five-minute piece called Witness dedicated to the journalists of Gaza.

After the ruling, Gillham said in a statement, "I am disappointed and I need time to process the judgment before saying more."

Hill ruled the MSO did not take action against Gillham because of his political beliefs, but instead to protect its business interests and reputation, and he described the decision as addressing anticipated adverse impacts.

The BBC reported Hill found the MSO had a policy of not expressing support for either side of the Israel-Gaza conflict and a custom that classical musicians do not make statements on sensitive political or social issues from the stage without approval of the host.

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Gillham’s legal case centered on his claim of a workplace right under Victoria’s Equal Opportunity Act, but Hill determined the Equal Opportunity Act was not workplace law and that Gillham did not have a relevant workplace right.

The MSO, through chair Edgar Myer, welcomed the decision and said it hoped the matter could be put behind them so the orchestra could focus on its music.

Michael Bradley told reporters outside court, "He's obviously very disappointed by the outcome," as Gillham was not in court and his lawyer said he would need time to consider the decision.

The dispute followed the MSO’s response to Gillham’s remarks during a recital in Melbourne on 11 August 2024, when the BBC said the audience was about 150 people and the MSO received three complaints about his comments.

After the MSO cancelled his next performance, the BBC said it prompted almost 500 complaints, while the Riverine Herald reported the court was told there were 487 complaints about the cancellation decision.

The MSO later said the cancellation was an "error" and committed to rescheduling, but negotiations between the parties halted and Gillham launched his Federal Court case in October 2024.

Beyond the legal fight, the SMH.au reported the fallout led MSO musicians to send a vote of no confidence in management to the board and resulted in the sacking of managing director Sophie Galaise.

In the wider context of the Gaza war that framed Gillham’s remarks, the ABC News & Headlines reported that at least 268 journalists and media workers have been killed in the war in Gaza since October 7, 2023, according to the International Federation of Journalists.