Jayson Gillham vs MSO: Pro-Palestine pianist settles case with former orchestra boss Sophie Galaise

Pianist Jayson Gillham will settle his case against ousted Melbourne Symphony Orchestra boss Sophie Galaise, as the orchestra argues the case against it should be tossed out.

Concert pianist Jayson Gillham will settle his case against former Melbourne Symphony Orchestra chief executive Sophie Galaise, as the Federal Court considers the orchestra’s request to bin the rest of his case before trial.

Mr Gillham sued the orchestra, Ms Galaise, chief operating officer Guy Ross and Symphony Services Australia after it cancelled a recital of his in August last year, after he said on stage, “Over the last 10 months, Israel has killed more than 100 Palestinian journalists.

“A number of these have been targeted assassinations of prominent journalists as they were travelling in marked press vehicles or wearing their press jackets.

“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.”

Mr Gillham’s comments prompted the orchestra to send out an email to its members accusing Mr Gillham of going rogue, and to cancel his next show.

“The MSO was at no point made aware of the content of the remarks Mr Gillham was intending to make. They were made completely without authority,” the email said.

“The MSO understands that his remarks have caused offence and distress and offers a sincere apology.”

The orchestra claims Mr Gillham breached its code of conduct, but has admitted it Mr Gillham was never shown it and never agreed to it.

Australian pianist Jayson Gillham pictured at a performance in Manchester in June 2024, the concert raised money for the Palestine Children's Relief Fund. Picture: Abhishek Kodaganallur Pichumani

The Federal Court on Friday heard Mr Gillham and Ms Galaise had reached an in-principle settlement of his case against her.

The terms of the settlement were not stated in court and may not be made public.

Ms Galaise quit her role at the orchestra after its musicians passed a vote of no-confidence in her following the cancellation of Mr Gillham’s recital.

Mr Gillham’s case against Symphony Services Australia has previously been withdrawn.

On Friday, the orchestra also asked Chief Justice Debra Mortimer to issue summary judgment in its favour, effectively arguing that Mr Gillham’s case against it was doomed to fail and that it should not go to trial.

The orchestra’s barrister, Justin Bourke, KC, said the court should issue summary judgment against Mr Gillham for a variety of reasons, including that he was an independent contractor rather than an employee.

The court heard the case between Mr Gillham and the orchestra could involve a string of previously-unexplored questions about workplace laws and workplace rights in Australia.

Mr Gillham’s barrister, Sheryn Omeri, KC, said parts of the orchestra’s request for summary judgment didn’t “make sense” or were “incoherent”.

Sophie Galaise was ousted as CEO of the Melbourne Symphony Orchestra She says she has been unfiarly treated by the MSO Board. Picture: Arsineh Houspian.

“On the one hand, they say, ‘We have no relationship with … Mr Gillham, but we are entitled to terminate the contract (he had) to play with the MSO’,” she said.

Mr Gillham, in a recent social media post, said the orchestra was “trying to have my case against them thrown out of court on a legal technicality, in an attempt to avoid addressing the facts of the case”.

He said the orchestra’s argument was a “disingenuous reading of the law”

“If it were to succeed it would create a loophole that could strip away discrimination protections for thousands of freelance artists and anyone working under similar contracts — not just in the arts, but across all industries”

Chief Justice Mortimer will deliver the decision on summary judgment at a later date.