Federal court rules orchestra acted legitimately in cancelling pianist's concert

A federal court ruled that the Melbourne Symphony Orchestra acted legitimately when it cancelled a scheduled August 2024 performance by pianist Jayson Gillham. Justice Graeme Hill found that the orchestra's decision was driven by anticipated impacts on its business and reputation rather than the political content of Gillham's remarks.

The court determined that workplace protections did not apply because Gillham was an independent contractor.

Background to the dispute Four days before the cancellation, Gillham had performed a piece dedicated to Palestinian journalists killed in Gaza and told the audience that more than 100 journalists had died in the conflict. The orchestra later received complaints about the statements and about its decision to cancel the next concert.

The orchestra stated it had a policy against expressing support for either side in the Israel-Gaza conflict. It said the remarks were made without prior approval and caused distress among some patrons.

Court findings and responses Justice Hill ruled that the political content of the remarks was not a substantial reason for the cancellation. The court also found that Gillham's discrimination claims did not fall under the Equal Opportunity Act. The orchestra welcomed the judgment, stating the core issue was control of its stage. Gillham's lawyer said the client was disappointed with the outcome.