Legal battle between MSO and pianist escalates

The Melbourne Symphony Orchestra has denied it discriminated against Jayson Gillham because of his political views, with its lawyer labelling his compensation requests ‘outrageous’.

Pianist Jayson Gillham’s claim comes amid a broader crisis within the MSO. Picture: Benjamin Ealovega

The Melbourne Symphony Orchestra has rejected pianist Jayson Gillham’s demand for compensation after Gillham threatened legal action against the organisation over claims it discriminated against him because of his political opinions.

The MSO has been under fire since an August 11 performance by Gillham, in which he said that during the past 10 months, Israel had killed more than 100 journalists, an assertion disputed by Israel.

The MSO cancelled Gillham’s next performance because of his comments but quickly backtracked and sought to reschedule the concert, which it called off in its entirety due to “safety concerns.”

Gillham, who has instructed Sheryn Omeri KC and Michael Bradley of Marque Lawyers, claims the MSO’s actions constitute direct discrimination due to a political belief or activity, which he says violates Victoria’s Equal Opportunity Act and the federal Fair Work Act.

In a letter of response, Arnold Bloch Leibler partner Leon Zwier, representing the MSO, denied Gillham was discriminated against because of his political views and said he “abused his position by using an MSO concert to air his political opinions.”

“As was inevitable it caused distress to many members of the audience,” the letter reads.

“What occurred is not and never has been about free speech.

“The MSO respects the rights of performing artists to express their views, but the MSO does not permit performing artists to use the MSO’s stage or name to pursue their own personal causes.”

Mr Zwier wrote that Gillham had “made outrageous demands of MSO for compensation and other relief” which he said would “never be met”.

In response, Gillham said Mr Zwier’s letter failed to acknowledge “legal and ethical implications” of the MSO’s conduct and mischaracterised his actions “as an abuse of position and improper behaviour, ignoring rights under Victorian and Australian law”.

Gillham alleged the letter dismissed “the serious nature of the MSO’s actions, even though it admits that I expressed a political opinion, which Victorian Equal Opportunity Legislation protects everyone’s right to do.”

Gillham said when the MSO reinstated its invitation to him to perform at the 15 August concert, it was with “new conditions not present in the original contract.”

He also alleged the MSO published a statement on its website that “misrepresented my views and implied I had caused there to be safety concerns were the concert on 15 August to go ahead (in my absence).”

Gillham said he had initially requested a public apology from the MSO, an affirmation of artists’ rights to speak freely, compensation for reputational damage, future performance opportunities, the commission of a piano concerto by a Palestinian composer and a donation to the Edward Said National Conservatory of Music in Palestine.

Despite threatening to commence legal proceedings, Gillham said he remained “open to a constructive dialogue with the MSO to resolve this matter in a way that respects artistic freedom, upholds principles of non-discrimination, and reaffirms the important role that artists play in society.”

“The factual statement I made about the plight of Palestinian journalists is backed by reputable sources and aligns with international law,” Gillham said.

“I stand firmly by my actions and words. As an artist, I believe it is not only my right but my responsibility to use my platform to shed light on important issues.”

Gillham’s claim comes amid a broader crisis within the MSO, with musicians passing a vote of no confidence in senior management, the exit of managing director Sophie Galaise and the appointment of Peter Garrett to lead an external review into the organisation.