
Audio By Carbonatix
A judge has urged the Melbourne Symphony Orchestra (MSO) and an acclaimed pianist to resolve a court case over Gaza comments between themselves.
Jayson Gillham is suing the MSO for workplace discrimination after it cancelled his next performance, citing a statement he made during a 2024 concert, where he said Israel had killed more than 100 Palestinian journalists in Gaza.
Justice Graeme Hill adjourned the case on Friday after a three-week trial, saying the two sides should resolve the matter "without me having to say the things I need to say in a judgement".
The court has heard evidence from almost two dozen witnesses, including Gillham and former senior executives of the MSO.
"I know there's been two attempts to resolve it already, which were unsuccessful," he said, adding that while he usually makes judgements "pretty quickly", this was "not that sort of case".
"I'm afraid it might take me some time to go through everything and work out the right answer," but this gave both sides more time to think about reaching a negotiated settlement rather than a judgment from me.
The case centres around a short introduction that British-Australian pianist Gillham read out during a performance in Melbourne on 11 August 2024. He said more than 100 Palestinian journalists had been killed by Israel since October 2023, when the war in Gaza began.
Gillham said Israel was carrying out "targeted assassinations of prominent journalists as they were travelling in marked press vehicles or wearing their press jackets".
"The killing of journalists is a war crime in international law, and it is done in an effort to prevent the documentation and broadcasting of war crimes to the world," he told the audience of about 150 people during the Sunday morning concert.
In its most recent update, the Committee to Protect Journalists, an independent organisation that promotes press freedom, reports that 206 journalists have been killed in Gaza since October 2023.
Gillham's comments prompted three complaints and led the MSO to cancel his upcoming performance on 15 August 2024.
That decision prompted almost 500 complaints, with the MSO cancelling the entire concert due to safety concerns.
The MSO said it had made an "error" in cancelling the show and said it was trying to reschedule the performance, but Gilham sued the organisation in late 2024, saying it had rejected "reasonable requests to remedy the situation".
In an email to patrons at the time, the MSO had said they were blindsided by Gillham's comments and he had put them in a "difficult situation".
"The MSO does not condone the use of our stage as a platform for expressing personal views", it added.
Gillham's lawyers argue that it was his workplace right to express his political belief, which is a protected right in the state of Victoria, and that an employer cannot mistreat an employee because of that belief.
On the first day of the trial, Gillham said that following the public backlash after his performance was cancelled, the MSO had asked if he would come back for the second show, but only on the condition that he would not say anything on stage.
In her closing statements on Friday, Gillham's barrister, Sheryn Omeri, said the MSO's decision to cancel Gillham's show and then ask him to come back was "insulting".
In response, MSO's barrister Justin Bourke KC said the matter was a "highly pressured situation".
"You can't ignore that it was a highly controversial statement made in a setting where this was the biggest issue in the world," Bourke said.
Latest Stories
-
Stakeholders back legal education reforms, urge high standards
24 minutes -
Samson’s Take: Blood on your hands, you failed leaders
26 minutes -
Mahama extends sympathies to June 29 flood victims, announces tougher anti-flood measures
28 minutes -
Ahafo Ano South-West schools get sanitation facilities
32 minutes -
Beyond the Deluge: The case for archiving floods and state responses in Ghana
34 minutes -
Gunmen abduct students sitting exams in northeast Nigeria
39 minutes -
Prudential Bank plants over 200 trees at Achimota Forest to mark 6th year of Tree for Life Restoration
47 minutes -
Morocco beats Netherlands on penalties to reach last 16 of World Cup
50 minutes -
Why I can’t date Nigerian celebrities – Tems
60 minutes -
OSPs ‘Youth Against Corruption’ launches platform to promote ethics and integrity among young people
1 hour -
IMF reaches staff-level deal with Egypt that could unlock $1.6 billion
1 hour -
Rights groups file complaint against Ghana over Trump deportations
1 hour -
Paraguay declares national holiday after team shock Germany at World Cup
1 hour -
India’s biggest share sales tell the story of a country glued to its phones
2 hours -
Thieves of the Cathedral (A novel by Jimmy Aglah)
2 hours