Date set for Federal Court trial of pianist’s discrimination claim against MSO
A Federal Court trial for a political discrimination claim brought against the Melbourne Symphony Orchestra by a concert pianist who criticised Israel’s conduct in Gaza has been set for December.
A Federal Court trial for a political discrimination claim brought against the Melbourne Symphony Orchestra by a concert pianist who criticised Israel’s conduct in Gaza has been set for December.
The MSO was plunged into controversy in August last year when pianist Jayson Gillham claimed onstage that Israel had committed targeted assassinations of Palestinian journalists, a war crime denied by Israel.
The MSO initially responded by apologising to audience members and cancelling Gillham’s subsequent performance with the orchestra.
However, the MSO quickly backtracked and sought to reschedule the concert, before it ultimately called the show off in its entirety, citing “safety concerns”.
In October, Gillham launched legal proceedings against the MSO in the Federal Court, claiming it discriminated against him because of his political belief or activity which he said was in violation of his rights under the federal Fair Work Act.
Mr Gillham also sued the MSO’s then chief operating officer Guy Ross – who is defending the claim – and its former managing director Sophie Galaise, with whom he has since settled.
During a case management hearing on Friday, Federal Court Registrar Amelia Edwards said she would fix the matter for a five-day trial to be heard from 1 December.
This came after Gillham’s barrister Nilanka Goonetillake told the court it was her client’s “very strong preference” that the matter be dealt with this year.
Ms Goonetillake argued that dealing with the matter quickly was consistent with the Federal Court’s statutory obligations and said it was also important that organisations and individuals in similar situations to that of Gillham and the MSO knew where they stood under the law.
Lawyers for the MSO agreed to the December trial, which will be heard before Chief Justice Debra Mortimer.
The court heard the MSO intended to call between eight and 12 witnesses at trial, while Gillham’s lawyers planned to call two, including Gillham.
The hearing came after the Federal Court in May dismissed an application by the MSO to have the case struck out in its entirety after it unsuccessfully argued Gillham’s claim had no real prospect of success.
The controversy surrounding Gillham’s comments in August and the MSO’s response sparked a broader crisis within the organisation, which included its musicians passing a vote of no confidence in senior management, the exit of Ms Galaise, a board shake-up and an external review into the organisation.
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