Melbourne Symphony Orchestra calls for legal action by cancelled pianist to be dismissed

The MSO wants legal action brought by pianist Jayson Gillham to be dismissed, after he alleged he was discriminated against when his performance was cancelled over comments he made about the killing of Palestinian journalists.

The Melbourne Symphony Orchestra 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 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.

Jayson Gillham launched legal action in the Federal Court in October.

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.

Originally published as Melbourne Symphony Orchestra calls for legal action by cancelled pianist to be dismissed