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Cancelled pianist hires legal team, threatens action against MSO

By Kerrie O'Brien

Jayson Gillham, the pianist cancelled by the Melbourne Symphony Orchestra after his on-stage remarks about the death of journalists in Gaza, has hired lawyers in preparation for legal action against the organisation.

Gillham has retained Marque Lawyers and Sheryn Omeri, KC, to act for him. The lawyers have already written to the MSO, laying out potential legal implications of Gillham’s cancellation.

Pianist Jayson Gillham

Pianist Jayson GillhamCredit: Simon Schluter

Earlier this month, Gillham was dropped from the MSO’s line-up after he introduced a piece , saying it was dedicated to journalists killed in Gaza. The piece, Witness, was written by Australian composer Connor D’Netto, specifically commemorating the 100-plus journalists killed in Gaza. The MSO, which later cancelled the multi-artist show altogether, citing safety reasons, later said its decision was an “error” and that it was in contact with the pianist’s management.

Those conversations appear to have broken down, with Gillham pursuing legal avenues. “After consideration, I felt that instructing lawyers was the right thing to do because I feel strongly about artists’ right to freedom of expression,” he said.

“I don’t believe it is reasonable to expect artists to be citizens of the world, exploring the full gamut of the human experience in their work, and at the same time be bland apolitical products that appeal to everyone and offend no one.

“There are people who think that Australia is distinct from the rest of the world and that it is OK to just live in a bubble. I’ve never had that view. We are all inextricably tied to what’s going on in Gaza, and I’m glad that it’s back in the public discourse.”

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Josh Bornstein, head of employment law at Maurice Blackburn, said anti-discrimination law in Victoria prohibits employees being sacked or otherwise disadvantaged for expressing political opinions.

The week after Gillham’s cancellation, the musicians of the MSO wrote to the board expressing anger over its decision, and calling for the resignation of managing director Sophie Galaise and chief operating officer Guy Ross.

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The Cat Empire cancelled three concerts they were scheduled to perform this week with the MSO, as a show of support for Gillham.

In a statement, the band said: “We value the principles of freedom of speech, artistic expression, and inclusivity. Therefore, in good conscience, we’ve made the decision to postpone shows at Hamer Hall.

“We strongly support Jayson and the talented musicians in the orchestra, many of whom are our friends and contemporaries. They, too, have been put in an uncomfortable situation.”

The MSO was contacted for comment.

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Original URL: https://www.watoday.com.au/culture/music/cancelled-pianist-hires-legal-team-threatens-action-against-mso-20240822-p5k4dx.html