Jayson Gillham loses discrimination case against Melbourne Symphony Orchestra

Jayson Gillham loses discrimination case against Melbourne Symphony Orchestra

A Federal Court judge has ruled against British-Australian pianist Jayson Gillham in a workplace discrimination lawsuit against the Melbourne Symphony Orchestra (MSO). The decision, handed down on Friday, July 10, 2026, concludes a legal battle over comments Gillham made regarding the war in Gaza during a performance in 2024.

Justice Graeme Hill found that the MSO did not cancel Gillham's performance because of his political beliefs. Instead, the court ruled the orchestra acted to address the anticipated adverse impacts of the pianist's remarks on its reputation and business interests.

The dispute began on 11 August 2024, during a Sunday morning concert attended by about 150 people. While introducing a five-minute piece titled Witness, written by composer Connor D'Netto and dedicated to the journalists of Gaza, Gillham stated that Israel had killed more than 100 Palestinian journalists since the war began in October 2023. He described these acts as targeted assassinations of prominent journalists and asserted that killing journalists is a war crime in international law intended to prevent the broadcasting of war crimes to the world.

The MSO received three complaints following the recital—one written and two verbal. In response, the orchestra cancelled a recital Gillham was scheduled to perform on 15 August 2024 and apologized for any distress caused. This cancellation triggered a larger backlash, resulting in 487 complaints. Although the MSO later described the cancellation as an error and attempted to reschedule, negotiations failed. Gillham launched his Federal Court case in October 2024.

Legal Arguments and Court Findings

Gillham's legal team, led by barrister Sheryn Omeri KC, argued that the pianist had a workplace right under Victoria's Equal Opportunity Act to express political beliefs without being mistreated. Omeri contended that the MSO was not truly neutral, citing its previous events supporting Ukraine, remembrance concerts for the Holocaust, and regular Acknowledgements of Country. She further argued that the MSO would not have cancelled the performance had Gillham called for the release of Israeli hostages, as former managing director Sophie Galaise had done in December 2023.

Conversely, the MSO's barrister, Justin Bourke KC, argued that Gillham breached convention by making political statements from the stage without host approval. Bourke claimed Gillham knew he was overstepping the line and that the orchestra was entitled to control its stage, particularly regarding highly controversial issues that could impact donors, sponsors, and ticket sales.

Justice Hill rejected Gillham's claims, stating that the political content of the remarks was not the operative reason for the MSO's actions. The judge noted a custom among classical musicians to avoid sensitive political or social statements on stage without authorization and confirmed that the MSO maintained a policy against expressing support for either side of the Israel-Gaza conflict. Justice Hill also remarked that he believed the MSO likely would have cancelled the performance even if Gillham had made statements in support of Israel.

Organizational and Financial Fallout

The conflict led to significant internal turmoil within the MSO. Musicians issued a vote of no confidence in management to the board, and managing director Sophie Galaise was sacked. While the details of Galaise's settlement with the MSO remain confidential, Gillham reached a separate in-principle settlement with her in March 2025.

The financial cost of the dispute was substantial. The MSO's annual report for 2024 listed $689,000 in legal costs and an additional $954,000 for redundancy payouts and governance restructuring, much of which was linked to the affair. To fund his own legal challenge, the 39-year-old pianist raised $187,000 through the crowdfunding platform Chuffed.

MSO Chair Edgar Myer welcomed the verdict and acknowledged the professionalism of the staff during the disruption. We hope that we can now put this matter behind us and focus on our music, Myer said.

In a statement, Gillham said: I am disappointed and I need time to process the judgment before saying more. His lawyer, Michael Bradley, added that the pianist, who is currently in the United Kingdom, is disappointed with the outcome.

Gillham is scheduled to return to Australia in July for a national tour with Jordanian Palestinian pianist Iyad Sughayer, titled Keys to Life – Two Friends, Two Pianos.