The Melbourne Symphony Orchestra (MSO) has escalated its legal dispute with concert pianist Jayson Gillham, whose performance was cancelled by the orchestra after he dedicated it to Palestinian journalists killed in Israel’s ongoing war in Gaza.
Gillham’s legal team, Marque Lawyers, sent a letter to the MSO last Thursday setting a 5pm deadline to address concerns over the handling of his Melbourne performance, which had been reinstated following a public backlash. The letter offered a resolution to avoid further legal action.
However, the MSO, represented by law firm Arnold Bloch Leibler (ABL), responded late on Friday by reaffirming its stance that Gillham’s dedication to Palestinian journalists was an inappropriate use of his platform. “He abused his position by using an MSO concert to air his political opinions,” it was claimed. “He did so improperly. As was inevitable it caused distress to many members of the audience.”
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According to the Guardian, the MSO’s response also criticised Gillham’s requests of the orchestra, which included a public apology, affirmation of artists’ rights to free speech, compensation for reputational harm, and guaranteed future engagements, calling them “outrageous demands” which “will never be met.”
Signed by ABL partner Leon Zwier, the letter further noted that it was Gillham’s agent who informed the MSO on 14 August that the concert scheduled for the next day would not take place. “Mr Gillham was not discriminated against because of his political views,” claimed ABL. “What occurred is not and never has been about free speech.”
In a statement released on Monday, Gillham expressed deep disappointment with the MSO’s legal response, arguing that the orchestra’s actions amounted to direct discrimination based on political belief or activity, protected under the Equal Opportunity Act 2010 (VIC) and the Fair Work Act 2009. “These actions infringe my right to freedom of expression and my workplace rights,” he said. The MSO denied these allegations.
Gillham also alleged on Monday that the MSO had excluded him from having any input on an independent review of the incident, which was being conducted by former federal arts minister Peter Garrett, along with KPMG. This review was announced by the MSO on 26 August to address the controversy.
“We have established an independent review led by Peter Garrett and KPMG to explore issues relating to the operations of the Melbourne Symphony Orchestra,” the MSO told the Guardian Australia. “It is crucial that the review be allowed to proceed, and we encourage the MSO community to support this process.”
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