Updated ,first published
Jayson Gillham has expressed his disappointment after he lost his unfair dismissal case against the Melbourne Symphony Orchestra.
Justice Graeme Hill handed down his decision on Friday morning in the high-stakes case, brought after the orchestra cancelled a performance by the guest soloist in August 2024, following comments he made on the MSO stage in support of journalists killed in Gaza. The pianist went on to say some of those slain were targeted by the Israel Defence Forces.
Hill found the MSO did not take action against Gillham because of his political beliefs, rather it was protecting its own business interests and reputation.
Before detailing his judgement, Hill said: “The events of this proceeding are bound up with a conflict that is a matter of considerable public controversy” and “it is not any part of the court’s role to enter upon these broader issues”.
The judge determined all of Gillham’s claims against the orchestra should fail.
“The factual correctness of what Mr Gillham said at the recital is not a matter for determination in this proceeding. Nor is this proceeding about whether performing artists have a right to express political views: the claimed workplace right is to be free from discrimination in the expression of political views,” Hill said.
“The MSO’s position … is that it did not want anyone on the MSO stage to make remarks about the Israel-Gaza conflict, in support of either side. That position was not conveyed to Mr Gillham, but it informs the MSO’s reasons for its response to his statements.”
Hill said there was a custom that classical musicians did not make political statements on stage without prior authorisation. “This is not universally observed but that does not mean there is not a custom.”
In reaction to the decision, Gillham said via a statement: “I am disappointed and I need time to process the judgment before saying more.”
His lawyers declined to comment.
In a statement, the MSO said it welcomed the decision. “The fundamental issue in dispute in the proceeding was who controls MSO’s stage. The MSO maintained that Mr Gillham should have sought the authorisation of the MSO before making the statements he made from the MSO’s stage,” it said.
MSO chair Edgar Myer said: “We would like to acknowledge the dedication and professionalism of our musicians and staff who have continued to deliver brilliant musical experiences, despite the disruption and distraction that came with defending these legal proceedings. We hope that we can now put this matter behind us and focus on our music.”
The MSO’s lawyers Arnold Bloch Leibler said they were very pleased with the decision, but declined to comment further.
Both sides intend to make an application for costs.
The Queensland-born pianist had sued under the Fair Work Act for wrongful dismissal for expressing a political opinion. After two unsuccessful attempts at mediation, the case went to court in June.
The MSO defended its claim, accusing Gillham of deliberately misleading it and not seeking prior permission to make any controversial political statements. Throughout the hearing, the orchestra’s lawyers argued the MSO’s management and board had decided to take a neutral position on the Israel/Palestine issue and that the organisation “needed to control its stages”.
Gillham’s lawyers argued this was not correct, that artists had a right under law to express political opinions, and that the MSO was indeed political, holding an event in support of Ukraine after the Russian invasion and a remembrance concert on the anniversary of the Holocaust, and through its regular Acknowledgements of Country – which they argued were political as they were made in regard to wrongs done to Indigenous people – before each major performance.
In August 2024 the MSO removed the acclaimed pianist from a scheduled performance before completely cancelling the event days after an MSO recital during which Gillham introduced a new piece of music, Witness, which he said was “dedicated to the journalists of Gaza”. The work’s composer, Connor D’Netto, had written that dedication on the score.
During the Federal Court hearing, it was revealed one written complaint was sent to the MSO after the recital, and three verbal complaints were made to the box office on the day; there were 156 people in the audience. The broader impact, however, was seismic.
The fallout led MSO musicians to send a vote of no confidence in management to the board and resulted in the sacking of managing director Sophie Galaise. A settlement was made between Galaise and the organisation for an undisclosed amount; both parties are bound by confidentiality agreements. Gillham reached an in-principle settlement with Galaise in March 2025, separate to his case against the MSO.
On the final day of the high-profile trial in June, Justice Hill encouraged the two parties to head back to the negotiation table.
“I know there’s been two attempts to settle it. We’ve just had a three-week trial and I know the last thing the parties are thinking about is going back into that,” he said. “Without a little prodding from me, people might think there’s nothing to be gained, but I think a negotiated settlement would be of benefit for both parties.”
“Win or lose on the law, I’m going to have to get into very difficult areas of law …” Hill said. “Once they’re there, they’re there forever and public. I think there would be benefit for both sides without me having to say the things I need to say.”
The MSO spent $689,000 on legal costs in 2024, and a further $954,000 on governance restructuring and redundancy payouts in that year, according to its annual report that year, much of which can be traced to the Gillham affair.
Gillham plans to return to Australia in July for a tour with UK-based Palestinian-Jordanian pianist Iyad Sughayer, called Keys to Life – Two Friends, Two Pianos.
The 39-year-old raised $187,000 towards his legal costs via crowdfunding platform Chuffed.
