MSO: Concert Pianist ‘Abused Position’ by Dedicating Performance to Palestinians

Melbourne Symphony Orchestra is entangled in a legal dispute with concert pianist Jayson Gillham, following the cancellation of his performance after he made a dedication to Palestinian journalists killed in the Gaza conflict on stage.

The MSO was given a deadline of 5pm last Thursday to respond to a letter from Marque Lawyers, which outlined Gillham’s concerns over the orchestra’s handling of his Melbourne performance. This performance was initially cancelled but reinstated following significant public outcry.

The letter from Marque Lawyers aimed to resolve the issue without further legal action. However, it spurred the MSO to reinforce its stance that Gillham’s public political statement was inappropriate and an abuse of his position.

Arnold Bloch Leibler, the law firm representing the MSO, replied to Gillham’s letter late on Friday. The response stated that the pianist “abused his position by using an MSO concert to air his political opinions.” The letter further mentioned that his actions caused distress to many audience members.

The response also accused Gillham of making “outrageous demands” for compensation and other relief from the MSO.

Gillham’s demands, communicated via Marque Lawyers’ Sheryn Omeri KC, included a public apology from the MSO, an affirmation of artists’ rights to free speech, compensation for reputational damage caused by the initial cancellation, and guaranteed future engagements to restore his professional standing.

Additionally, Gillham requested that the MSO commission a new piano concerto by a Palestinian composer and donate to the Edward Said National Conservatory of Music in Palestine.

The MSO’s response, signed by ABL partner Leon Zwier, declared that “[The demands] will never be met,” and claimed that it was Gillham’s agent who informed the MSO on August 14 that the scheduled concert would not proceed.

According to the MSO, “Mr. Gillham was not discriminated against because of his political views,” and the issue was never about free speech.

In a statement issued on Monday, Gillham expressed deep disappointment with the MSO’s legal response. He contended that “the actions taken by the MSO constitute direct discrimination because of political belief or activity, which are protected under the Equal Opportunity Act 2010 (VIC) and also violate protections under the Fair Work Act 2009.”

“These actions infringe my right to freedom of expression and my workplace rights,” Gillham added. The MSO denied these allegations.

Gillham also claimed on Monday that the MSO did not allow him any input into the independent review announced on August 26. The review, led by former federal arts minister and Midnight Oil frontman Peter Garrett and conducted by KPMG, aims to investigate the controversy.

The Guardian has sought comments from the MSO.

Source: The Guardian