The Melbourne Symphony Orchestra (MSO), and pianist Jayson Gillham are preparing to attend an Australian Federal Court trial over Gillham’s August 2024 concert cancellations. The trial is scheduled for 15 days, starting from May 18^th.

Gillham is arguing the MSO engaged in workplace discrimination over his political beliefs, after the MSO cancelled his contract after he performed  work by a Palestinian composer highlighting Israel’s killing of Palestinian journalists. Gillham also made pro-Palestinian remarks.

The MSO is arguing that his contract was torn up because Gillham’s onstage remarks were not approved by management. The MSO also stated safety risks emerged after the controversial news began to spread.

An anonymous employee of an Australian orchestra told Farrago, “this was a shameful overreach by the orchestra’s executive leadership […] made entirely behind the musician’s backs, leaving them facing the public outrage like the protest they experienced in their Royal Albert Hall concert in 2025.” While performing as a part of the BBC Proms festival, pro-Palestinian protestors interrupted the MSO’s performance and had to be removed from the venue.

“This case has harmed artist’s trust in free speech and representing their political views alongside their art,” they said, adding that “it has also served as a warning that those hidden behind executive and boardroom doors prioritise toeing the line of their masters more than ensuring art is a safe space to reflect society.”

Former MSO managing director Sophie Galaise has been subpoenaed to appear as a MSO witness after her refusal to appear voluntarily. She was the subject of MSO musicians’ vote of no confidence in the wake of this scandal. She previously settled Gillham’s case against her personally. The MSO has also called twenty senior board members and other witnesses, tripling the length of the trial from one week to three.

The judge, Debra Mortimer, warned the MSO of potential “significant reputational consequences” in calling so many witnesses and exposing the orchestra management’s inner workings.

The MSO sent an email to subscribers in the week before the trial, telling them that “a fundamental issue in dispute […] is who controls the MSO’s stage. The MSO maintains that Mr Gillham should have sought the authorisation of the MSO before making the statements.”

They also noted that “while the MSO would have preferred to resolve matters and return its full focus to the music, the proceeding brought by Mr Gillham […] will go to trial next week and will be defended by the MSO.”

Similar to the ABC’s failed case against journalist Antoinette Lattouf, the result of this trial will have significant implications on the ability of employers to control their employee, contractor, or freelancers’ political statements. Gillham’s media release said, “if the MSO succeeds, any employer could contract their way out of anti-discrimination laws. This is a fight for basic rights at work.”

The Media, Entertainment & Arts Alliance (MEAA) issued a statement supporting Gillham at the time that his performances were cancelled, saying “musical and artistic expression have long been a vehicle for political commentary […] MEAA is concerned that freedom of expression is being compromised across the creative workforce.”

Image source: Laura Manariti