Pro-Gazan pianist and Melbourne Symphony Orchestra open to mediation

Jayson Gillham is suing the Melbourne Symphony Orchestra in the Federal Court, with a trial likely to be scheduled in March next year if mediation fails.

Australian-British pianist Jayson Gillham at a performance in Manchester in June 2024. The concert raised money for the Palestine Children's Relief Fund. Picture: Abhishek Kodaganallur Pichumani

Jayson Gillham has indicated he is “keen” to settle his legal action against the Melbourne Symphony Orchestra through a mediation process after the pianist was dropped for making onstage comments in support of Palestine.

In a case management hearing before the Federal Court in Melbourne, lawyers for the classical musician, as well as legal representatives for the MSO and its chief operating officer Guy Ross and the orchestra’s sacked former managing director Sophie Galaise, discussed their willingness to settle the matter before a trial. The Australian-British pianist claims the cancellation of one his scheduled shows by the MSO violated his human and workplace rights protected by Victoria’s Equal Opportunity Act and the federal Fair Work Act.

Legal proceedings began after the pianist performed a piece, dedicated by the composer to Gazan journalists, at Melbourne’s Iwaki Auditorium on August 11 and in his introduction of the song, told the crowd that over the last 10 months “Israel has killed more than 100 Palestinian journalists”, and that a number of them had been “targeted assassinations”.

The MSO cancelled his August 15 performance, and blasted his statements as “an intrusion of personal political views”.

In suing the MSO, Mr Ross, Dr Galaise and Symphony Services Australia Limited, Mr Gillham is seeking a public apology as well as the maximum pecuniary penalty for breaches to section 340 of the Fair Work Act, a statement of claim reveals.

Chief Justice Debra Mortimer on Tuesday asked what Mr Gillham’s attitude towards mediation would be, to which Jessie Taylor from Marque Lawyers, appearing for him, said her client was “certainly amenable” to the idea.

Australian-British classical pianist Jayson Gillham. Picture: X

“The applicant is certainly keen to mediate at the earliest convenient time,” Ms Taylor said.

Chief Justice Mortimer suggested a trial no longer than 10 days in March next year “on the pessimistic view” the matter does not settle. The parties said that 10 days would be “ample” and that the trial could be conducted in 2-3 days.

Ms Taylor indicated her client’s case relied much on written evidence, and that there would not be “an enormous volume of cross examination”. Philip Crutchfield KC, representing the MSO and Mr Ross, said his clients “don’t oppose” a mediation.

Sophie Galaise was sacked as CEO of the Melbourne Symphony Orchestra after she tried to cancel the performance of a pianist after he spoke on stage about Gaza. She says she has been unfairly treated by the MSO board. Picture: Arsineh Houspian

The parties said they were open to the case getting its own online file, where documents are uploaded to the Federal Court website and can be viewed by the public. However, Dr Galaise’s lawyer Siobhan Kelly said the concerns for her client “are real”.

The former MSO managing director told The Australian last month that she and her management team were right to demand audience members be free to listen to music without being subjected to political lectures.

Dr Galaise was the only member of the MSO board to be sacked despite the six-member management team deciding Mr Gillham should not perform another show.