Melbourne Symphony Again Attempts to Silence Pianist Jayson Gillham on Truth and Justice

International classical pianist Jayson Gillham is one of the brave figures, who, at the height of the Gaza genocide, broke the unofficial prohibition on speaking out in support of Palestinians during a Melbourne Symphony Orchestra hosted solo recital, and not only did the MSO then drop him from a future concert, but it’s now trying to have the discrimination case he brought against it dismissed.

“Over the last 10 months, Israel has killed more than one hundred Palestinian journalists,” Gillham told those gathered at Southbank’s Iwaki Auditorium in Naarm-Melbourne on 11 August 2024, as he was introducing the world premiere performance of contemporary classical composer Conor D’Netto’s new piece, Witness, which is dedicated to the slain reporters of Gaza.

“The killing of journalists is a war crime in international law, and it is done in an effort to prevent the documentation and broadcasting of war crimes to the world,” the pianist added.

The MSO then informed its patrons on 12 August that Gillham would no longer be accompanying it in a scheduled 15 August Melbourne Town Hall performance of a Mozart concerto, due to his unsanctioned “introductory remarks” made on stage the day prior. The cancelled performance was the second Gillham had been contracted to take part in.

The Australian British musician went on to lodge a 3 October statement of claim with the Federal Court of Australia, which is a case that challenges the rights of an employer to discriminate against an employee based on political beliefs, but it more broadly involves the right of people to speak out against the mass atrocities and murders being perpetrated by Israel without fear of being rebuked.

Gillham will go before the Federal Court in Melbourne at 11 am next Monday 17 March, in respect of an interlocutory matter brought by the MSO, which calls for Gillham’s case against it to be struck out, as the pianist apparently had no rights to speak truth to an audience as part of a solo performance.

Speaking truth in corrupt times

“The MSO are trying to avoid facing the facts in court,” said Gillham in a 10 March statement. “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,” the accomplished pianist continued.

The MSO is set to put to the Federal Court that Gillham’s legal action against it doesn’t hold because he had no workplace right to speak out about the mass murder of Palestinian journalists by the Israeli state under the provisions of the Fair Work Act 2009 (Cth) (FWA) and nor do the terms of the Equal Opportunity Act 2010 (VIC) (EOA) extend any workplace right to him in this regard.

Gillham’s cancelling came as the list of cultural figures targeted for speaking out against the genociding of the Palestinians was sizable, and it’s been growing ever since.

So, immediate were the statements of solidarity with the pianist coming from organisations, like MEAA (Media, Entertainment & Arts Alliance), that the MSO issued an apology on the day the second performance was to have taken place.

“Mounting a legal challenge of this scale is expensive, but it’s essential,” Gillham made clear. “This is about protecting everyone’s rights, not just my own. I’m asking the public to chip in and help fund this fight — because if we lose this battle, it’s not just artists who will suffer, but anyone working under a contract.”

Under dispute

Gillham launched the legal action on 3 October 2024 against four respondents: the MSO, Symphony Services Australia (SSA), former MSO managing director Sophie Galaise and chief operating officer Guy Ross. The pianist then dropped the case against SSA, after it became apparent that MSO was claiming the 11 August 2024 contract that the pianist signed with SSA, had no direct bearing upon it.

Counsel for Gillham, renowned barrister Sheryn Omeri KC will put it to the court that via the terms of the SSA contract, her client had an implied contract with MSO, along with their being an expressed contract between SSA and MSO, which entailed the former acting as an agent for the latter.

The SSA contract considered Gillham a contractor under the Fair Work Act, while SSA was an employer, under section 4 of the Equal Opportunity Act, or “a person who engages another person under a contract for services”, while the pianist was considered a contract worker or “person who does work for a principal under a contract between the person’s employer and the principal”.

Therefore, under the implied contract MSO had with Gillham, he was protected against discrimination based on his political beliefs or any political action under section 6 of the EOA, along with being protected against direct discrimination under section 8 of the EOA, and finally, section 18 too protects employees against the discrimination of an employer.

Omeri will further argue that section 341 of the FWA considers the EOA a workplace law, and therefore, Gillham was warranted protection against discrimination based on political belief provided by the EOA, and he shouldn’t have been cancelled from performing again. Indeed, section 340 of the FWA protects against adverse actions, of which the cancellation is considered under section 342.

The relief that Gillham is seeking is a public apology, compensation and pecuniary penalties, under the terms of section 545 of the FWA.

The MSO is set to argue next Monday that there was no implied contract between it and Gillham, that the EOA does not confer a right to anyone against discrimination and while the FWA recognises the EOA as a workplace law, that is only to the extent in which it does regulate relations between employers and employees within their common law definition, which does not include contractors.

A fight for all of us

“This case goes far beyond what happened to me,” Jayson continued. “It’s about whether all Australians — whether full-time, part-time or freelance — have the right to freedom of expression and protection from discrimination based on political beliefs,” Jayson further underscored on Monday.

But Gillham’s fight too encompasses the ability of the entire community to express their political opinions without facing debilitating consequences, as over the past 17 months, our entire nation has been pressured and bullied into not speaking out about the mass extermination of innocent Palestinians, fellow human beings, mainly children and women, being slaughtered before our eyes.

Last August, when Gillham did bring the crisis involving the mass, intentional slaughter of the journalists of Gaza to public attention, the death toll was then 158 journalists slain, while that number has now increased to 198 reporters killed.

“If the MSO succeeds, any employer could contract their way out of antidiscrimination laws,” the internationally renowned classical pianist said in concluding. “This is a fight for basic rights at work, and I’m calling on Australians to stand with me.”

Please donate to the Justice for Jayson Gillham legal fund, so he can challenge this attack on workers’ rights and free speech