Cancelled pianist slams MSO for ‘dangerous attack’ on rights of artists

The pianist whose performance was cancelled by the MSO over pro-Palestine comments says the organisation’s handling of the matter “should ring alarm bells for all artists” after it called for legal action by him to be dismissed.

The pianist at the centre of the Melbourne Symphony Orchestra controversy says the organisation’s handling of the matter “should ring alarm bells for all artists.”

The MSO has asked the Federal Court to dismiss legal action brought by pianist Jayson Gillham after he made on-stage comments about the killing of Palestinian journalists.

The MSO cancelled a scheduled performance by Mr Gillham in August following a recital at Melbourne’s Iwaki Auditorium in which he accused the Israeli army of war crimes by deliberately killing Palestinian journalists.

Mr Gillham launched legal action in the Federal Court in October, alleging the MSO breached workplace laws by discriminating against him for expressing his political beliefs.

In its defence published on Wednesday, the MSO claimed it acted lawfully and called on the Federal Court to dismiss the proceeding.

The MSO cancelled a scheduled performance by Mr Gillham in August following a recital at which he accused the Israeli army of war crimes by deliberately killing Palestinian journalists.

The MSO said Mr Gillham, who was contracted by Symphony Services Australia for the performance, did not meet the definition of a “contract worker” or employee under the Equal Opportunity Act or Fair Work Act meaning he was not entitled to compensation.

It also claimed he had been paid for the recital and the cancelled concert.

However, on Thursday, Mr Gillham said in a statement: “The MSO’s defence is an incredibly dangerous attack on the rights and freedoms of all artists.

“Their position is that no artist engaged with any Australian orchestra has any protection against discrimination on any ground whatsoever, not only political expression, but also on the basis of gender, race, sexuality, disability, religion or any other ground. This is totally unacceptable and should ring alarm bells for all artists.”

“The defence they have filed is illogical,” Mr Gillham added. “They claim they can tell me what I can and can’t say or do, yet also claim they have no workplace relationship to me whatsoever.

“The MSO does not dispute that what I said about Israel targeting journalists may have been a legitimate expression of my political belief, so why are they still fighting this case?

“These arguments demonstrate precisely why this case is so important. It’s not just about one incident or one artist — it’s about protecting the fundamental rights of all artists to express themselves without fear of discrimination or retaliation.

“I remain committed to defending these principles, not just for myself, but for every artist who deserves to work in an environment where their rights and dignity are protected by law.”

Australian-British pianist Jayson Gillham is coming to Darwin. Picture: Supplied.

In August, after Mr Gillham’s recital, the MSO apologised to ticket holders saying his remarks were made “without authority” and it did not condone the use of their stage as “a platform for expressing personal views”.

Days later, the MSO backtracked and claimed it was a mistake to pull the pianist from the concert but stated the performance would still not proceed due to “safety concerns”.

In a video posted on social media in October, Mr Gillham said he launched a crowdfunding campaign to fund his legal team.

“I was silenced for speaking the truth,” he said.

“This battle in the Federal Court is about defending everyone’s right to freedom of speech.”

A separate claim against Symphony Services Australia has been discontinued.

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