MSO seeks to have political discrimination case thrown out while former managing director settles
Former MSO managing director Sophie Galaise is on track to settle a political discrimination claim brought against her by a pianist who criticised Israel’s conduct in Gaza.
Former Melbourne Symphony Orchestra managing director Sophie Galaise is on track to settle a Federal Court political discrimination claim brought against her by a pianist who criticised Israel’s conduct in Gaza, while the court has heard an application by the MSO to have the case thrown out in its entirety.
The MSO came under fire in August last year when concert pianist Jayson Gillham said during a performance that Israel had committed targeted assassinations of Palestinian journalists, a war crime denied by Israel.
The MSO apologised to attendees and cancelled Gillham’s subsequent performance but then backflipped and sought to reschedule the concert, which it ultimately called off because of “safety concerns”.
In October, Gillham commenced legal proceedings against the MSO, the MSO’s former managing director Ms Galaise and its chief operating officer, Guy Ross.
Gillham claims the MSO discriminated against him because of his political belief or activity, which he says violated his rights under the federal Fair Work Act.
In the Federal Court on Monday, Chief Justice Debra Mortimer heard an interlocutory application by the MSO to have the case struck out on the basis that Gillham’s claim has no real prospect of success.
The MSO contends this is because its relationship with Gillham did not meet the employment relationship as required under the federal Fair Work Act, an argument Gillham contests.
Ms Galaise and Gillham reached an agreement in principle to settle last week, with a formal deed of settlement expected to be entered into this week. The terms of the agreement and proposed deed are confidential.
Gillham’s onstage comments in August triggered a broader crisis within the MSO, which led to musicians passing a vote of no confidence in senior management, the exit of Ms Galaise and an external review into the organisation.
Prior to the hearing on Monday, Gillham slammed the MSO’s move to have his case struck out.
“The MSO are trying to avoid facing the facts in court,” Gillham said in a statement last week.
“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.”
Chief Justice Mortimer reserved judgment.
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