This Friday, the Federal Court is set to announce its ruling on whether the Melbourne Symphony Orchestra (MSO) unjustly terminated the employment of pianist Jayson Lloyd Gillham following his remarks about Gaza.
In a recital in August 2024, the renowned pianist expressed to the audience that Israel had intentionally targeted journalists to hinder the reporting of alleged war crimes. He dedicated a performance piece to journalists from Gaza immediately afterward.
The following day, Gillham was dismissed, prompting the orchestra to cancel a planned concert at the Melbourne Town Hall and citing security concerns as the reason.
According to Gillham’s legal representative, Sheryn Omeri KC, the crux of the case revolves around an employee’s freedom to express their views and whether these rights can be curtailed by contractual obligations.
Omeri argued that Gillham’s statements were within legal bounds, and attendees who disagreed with his remarks had the option to leave the Southbank venue.
But the MSO barrister Justin Bourke KC argued an unfettered right to free speech on the stage could have profound consequences, affecting ticket sales, sponsors and donors.
It would ultimately be unworkable, especially if an artist wanted to speak on stage for an hour, and the MSO was “entitled to have control” over its own stage, he said.
In oral evidence, Gillham agreed that he hadn’t told the orchestra or his agent that he intended to play the piece titled Witness, as he worried they would have an excuse to disallow the performance.
The MSO argued Gillham would have anticipated people would be upset by his comments, with management responding to the incident within minutes.
The orchestra received one written and two verbal complaints after the concert, followed by 487 complaints about the cancellation decision, the court was told.
According to the United Nations, over 260 journalists have been killed in the Israel-Gaza war since October 7, 2023.