Pianist Jayson Gillham has reached an in-principle settlement with former Melbourne Symphony Orchestra managing director Sophie Galaise, but is still suing the MSO itself, claiming the organisation discriminated against him for his political beliefs.
Gillham’s lawyer, Michael Bradley, confirmed the settlement on Monday, as a hearing in the case against the MSO began in the Federal Court. No details of the settlement are available, as both parties are bound by confidentiality agreements. Galaise was approached for comment.
Pianist Jayson Gillham and former MSO managing director Sophie Galaise.
Speaking before a performance for the MSO in August last year, Gillham made a statement in support of Palestinian journalists killed in Gaza. He said several who had clearly identified themselves as members of the media had been targeted by Israeli forces.
Israel rejects the allegation it has targeted journalists.
The MSO cancelled the next event at which Gillham was to perform and released a statement saying his comments were not appropriate and “an intrusion of personal political views”. It later said it had made an error in cancelling Gillham’s shows.
Days after the initial incident, musicians sent a vote of no confidence to the board, requesting the removal of Galaise and chief operating officer Guy Ross, and asking for an independent review of what had happened.
Galaise was sacked weeks later, a decision she described as unfair. Last November, she reached her own settlement with the MSO. She had lodged a Fair Work complaint after being sacked for her handling of the Gillham affair. No details of the settlement were provided.
Monday’s hearing still included Ross as a respondent, as well as Symphony Services Australia, acting as an agent for the MSO.
Last week, the MSO tried to have the case dismissed, claiming that freelancers like Gillham were not covered by the protections the Fair Work Act and the Equal Opportunity Act offer to employees.
Responding to the move in a statement last week, Gillham said the MSO was “trying to avoid facing the facts in court.
“They are arguing that because I was engaged under a particular type of contract, I shouldn’t be protected by Australia’s workplace discrimination laws. If they succeed, this would create a dangerous 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.
“This case goes far beyond what happened to me,” Gillham wrote. “It’s about whether all Australians — whether full-time, part-time, or freelance — have the right to freedom of expression and protection from discrimination based on political beliefs. If the MSO succeeds, any employer could contract their way out of anti-discrimination laws. This is a fight for basic rights at work, and I’m calling on Australians to stand with me.”
The case continues.
correction
An earlier version of this article stated that Symphony Services Australia was a party to the claim. That is incorrect. They were removed as a party to the claim in October 2024.