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 pictured 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 MSO 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 were launched 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 the deaths had been “targeted assassinations”.

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

Australian-British classical pianist Jayson Gillham. Picture: X / @jaysongillham

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 the applicant, said her client was “certainly amenable” to the idea.

“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. Photograph by 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 subject 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. “When these events unfolded she was in receipt of, from members of the public, communications that were racially charged … with references to physical harm,” Ms Kelly told the court.

“(My client) is terribly distressed by the events … it was abuse of a very significant kind.”

She said Dr Galaise would have “great comfort” if she was notified before documents are uploaded online. The court heard that Mr Gillham prefers a registrar of the court to conduct the matter rather than a barrister-led mediation. The pianist launched a crowd-funding campaign last month to raise funds to cover his legal costs. “This battle is about ensuring that artists can perform with integrity and without fear of censorship or reprisal,” Mr Gillham said when announcing his fundraiser. “More broadly, it’s about defending everyone’s right to express opinions on important issues without being silenced.”