What is a workplace and who is protected?
The intersection of workplace rights, freedom of expression and independent contracting is once again under judicial scrutiny in the recent case of Gillham v. Melbourne Symphony Orchestra Pty Ltd [2025] FCA 458. This proceeding raises important questions about whether Australia's workplace laws extend protections to independent contractors who engage in political expression under the Fair Work Act 2009 (Cth) (FW Act). As the case proceeds to trial, it has the potential to reshape how political speech is treated in professional environments, particularly for independent contractors.
In this case, the applicant was an international concert pianist who was scheduled to perform one recital and one concert with the Melbourne Symphony Orchestra (MSO). For the purposes of this hearing, the court acknowledged that the applicant was not a common law employee but rather an independent contractor.
Prior to performing the recital, the applicant made a statement to the audience that the musical piece he was about to perform was dedicated to Palestinian journalists in Gaza who he claimed had been targeted by Israeli forces. The next day, the MSO cancelled the applicant’s upcoming performance and issued a public statement. The MSO paid the applicant for both the completed performance and the cancelled performance. The applicant is seeking a public apology and additional damages for alleged harm to his reputation, after the MSO emailed ticket...
In 1995, Princess Diana made broadcasting history and shaped the future of the Royal Family when she sat down with Martin Bashir for an episode of BBC's Panorama. Three decades on, the interview c...