Jayson Gillham's concert hall comments about killed journalists cost him his next performance
A pianist's Gaza remarks from a Melbourne concert stage cost him his next performance, triggering a workplace rights battle that could reshape how employers handle political speech.
The trouble started on 11 August 2024, when Jayson Lloyd Gillham addressed his recital audience. Israel had killed more than one hundred Palestinian journalists in the past ten months, he said, calling these targeted assassinations and war crimes under international law.
The Melbourne Symphony Orchestra reacted quickly. On the afternoon and evening of 12 August 2024, the organization cancelled Gillham's upcoming 15 August concert and terminated his contract. In its public cancellation message, the MSO described his comments as personal political views.
Now Gillham is suing, and the case has landed in Federal Court with a 6 November 2025 procedural decision pushing the trial to May 2026. What seemed straightforward has expanded into a three-week trial requiring up to twenty witnesses.
Here's where it gets interesting for anyone managing workplace disputes. Australian law puts the burden of proof squarely on the MSO. Under section 361 of the Fair Work Act, the orchestra must prove it didn't act because of Gillham's political opinion. The MSO says it cancelled because Gillham made an unauthorized statement and because of safety concerns, not because of what he actually said.
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