MEDIA RELEASE: Melbourne Symphony Orchestra attempts to silence political discrimination case on legal technicality
MEDIA RELEASE
FOR IMMEDIATE RELEASE
10 March 2025
Melbourne Symphony Orchestra attempts to silence political discrimination case on legal technicality
International concert pianist Jayson Gillham has called out the Melbourne Symphony Orchestra (MSO) for attempting to have his discrimination case thrown out on a legal technicality, rather than addressing the facts surrounding his cancellation. The case returns to the Federal Court of Australia on 17 March 2025, where the MSO will argue that Jayson’s claim should be struck out without a hearing on the substance of the allegations — a move that could have far-reaching consequences for all freelance artists and contracted workers in Australia.
“The MSO are trying to avoid facing the facts in court,” said Jayson Gillham. “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 MSO’s legal argument relies on a narrow interpretation of the Fair Work Act and the Equal Opportunity Act, claiming that freelancers like Jayson are not covered by the protections these laws offer to employees. If successful, this legal manoeuvre would open the door for employers to avoid responsibility for unlawful discrimination by simply structuring engagements through third-party contracts.
“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. If the MSO succeeds, any employer could contract their way out of anti-discrimination laws. This is a fight for basic rights at work, and I’m calling on Australians to stand with me.”
As Jayson prepares to defend his case on 17 March, he is also urging the public to support his Justice for Jayson crowdfunding campaign on Chuffed.org.
“Mounting a legal challenge of this scale is expensive, but it’s essential,” he said. “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.”
The hearing will take place at 11am on 17 March 2025 at the Federal Court in Melbourne. The outcome could set a precedent for freelance workers across Australia.
Background to the Case
On 11 August 2024, pianist Jayson Gillham performed a recital presented by the Melbourne Symphony Orchestra (MSO) at Iwaki Auditorium. During the recital, he introduced Witness, a work by Connor D’Netto dedicated to journalists killed in Gaza. In his introduction, Gillham stated that more than 100 Palestinian journalists had been killed by Israeli forces, describing these deaths as targeted assassinations and violations of international law.
Subsequently, the MSO removed Gillham’s name from its upcoming 15 August 2024 performance at Melbourne Town Hall, where he had been scheduled to perform a Mozart concerto with the orchestra. The MSO informed ticket holders that Gillham would no longer appear due to “a series of introductory remarks” made without the orchestra’s approval. The MSO stated that his comments were “an intrusion of personal political views” and went beyond the remit of his contract.
Following public criticism, including from the Media, Entertainment & Arts Alliance (MEAA) and parts of the arts community, the MSO issued a further statement acknowledging it had made “an error” in cancelling Gillham’s performance. The orchestra stated it was working with Gillham to reschedule the concert, though no rescheduled date was confirmed.
On 16 August 2024, MSO musicians passed a vote of no confidence in senior management, describing the Gillham decision as the culmination of “years of unresolved concerns, ongoing mismanagement, and a consistent decline in workplace culture.” In a letter to the MSO board, musicians stated they no longer had confidence in management’s ability to act in the organisation’s best interests.
On 3 October 2024, Gillham commenced Federal Court proceedings against the MSO, alleging that the organisation sought to silence him for expressing a political view and that this violated his artistic freedom and right to free speech.
The legal action is ongoing.
ENDS
Media Contact: Samuel Cairnduff
RESONATE Communications
samuel.j.cairnduff@gmail.com | 0401 396 755
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