Pianist loses Gaza speech case against Melbourne orchestra

Acclaimed British-Australian pianist Jayson Gillham has lost his workplace discrimination case against the Melbourne Symphony Orchestra (MSO). Gillham sued the MSO after the orchestra cancelled one of his performances in 2024, days after he spoke about Gaza during another show.

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I find that the MSO did have a policy for not expressing support for either side of the Israel-Gaza conflict.

Justice Graeme Hill ruled that the MSO cancelled the concert not because of Gillham's political beliefs, but to "address the anticipated adverse impacts" of his comments on the orchestra's business and reputation. Justice Hill found that the MSO had a policy against expressing support for either side of the Israel-Gaza conflict and that a custom exists for classical musicians not to make statements on sensitive political or social issues from the stage without approval.

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I find that there is a custom or practice that classical musicians do not make statements on sensitive political or social issues from the stage without approval of the host.

Gillham's case centered on a brief introduction he delivered during a Melbourne performance in August 2024. He spoke about the war in Gaza and stated that Israel had killed more than 100 Palestinian journalists, calling such killings a war crime intended to prevent documentation of war crimes. The Committee to Protect Journalists reports that 207 journalists have been killed in Gaza since October 2023.

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I am disappointed and I need time to process the judgment before saying more.

The MSO received three complaints about Gillham's remarks and initially cancelled a subsequent recital, a decision they later called an "error." During the trial, the MSO argued its stage was not a platform for personal views, while Gillham's legal team contended he had a right to express his political beliefs in his workplace. The Federal Court's decision followed a three-week trial.

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The killing of journalists is a war crime in international law, and it is done in an effort to prevent the documentation and broadcasting of war crimes to the world.