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A prominent British-Australian pianist has been accused of workplace discrimination at the Melbourne Symphony Orchestra (MSO) over comments he made about Gaza during a performance.
After Jason Gillham canceled one of his MSO shows in 2024, days after Israel claimed to have killed more than 100 Palestinian journalists in Gaza.
But Judge Graeme Hill ruled that Mr Gillham’s concert was not canceled because of his political beliefs.
Instead, it was to “address the anticipated negative effects” of the pianist’s comments on the orchestra’s business and reputation, he ruled.
“I find that the MSO has a policy of not supporting either side of the Israeli-Gaza conflict,” Justice Hill said.
“I understand that there is a custom or practice in which classical musicians do not make statements on stage about sensitive political and social issues without the acknowledgment of the host.”
In a brief statement after the verdict, he said, “I am saddened and need time to process the verdict before I say more.”
The case focused on Mr. Gillham’s On August 11, 2024, he read a short introduction to his show in Melbourne, where he premiered a five-minute piece called Witness, written by composer Conor Dinetto, which was dedicated to journalists in Gaza.
More than 100 Palestinian journalists have been killed by Israel since the start of the Gaza war in October 2023, and Israel is “carrying out targeted killings of prominent journalists,” he said.
Speaking to an audience of about 150 people at the concert on Sunday morning, he said, “According to international law, the killing of journalists is a war crime and it is an effort to prevent the documenting of war crimes from being disseminated to the world.”
The Journalists’ Rights Committee, which promotes freedom of the press, has reported that 207 journalists have been killed in Gaza since October 2023.
The MSO has received three complaints about Mr. Gillham’s comments Delete conversations He was due to do so on August 15 – sparking nearly 500 complaints – although he later retracted that move. It was “wrong”. And he wanted to postpone the show.
During the trial, the MSO argued that the platform was “not a forum for expressing personal views”, but Mr Gillham’s legal team said it was his legitimate workplace right to express his political beliefs and he should not be discriminated against for it.
He had Hill on the last day of the trial. He urged both parties to try to resolve the issue “I must say what I have to say in judgment” among themselves to avoid it.
The federal court’s decision came after a three-week trial that ended last month in which nearly two dozen witnesses testified, including Gillham and senior MSO executives.
