Melbourne Symphony Orchestra appears to have doubled down in a brewing legal battle with the concert pianist Jayson Gillham, whose performance was cancelled after a dedication on stage to Palestinian journalists who had died in the Gaza conflict.
The MSO was given a 5pm deadline last Thursday to respond to a letter by Marque Lawyers outlining Gillham’s concerns over the orchestra’s handling of his Melbourne performance, which was reinstated after widespread outcry.
That letter, which outlined how the MSO could resolve the issue without further legal recourse, appears to have prompted the MSO to double down on its initial decision that Gillham’s public political statement was improper and an abuse of his position.
The law firm Arnold Bloch Leibler (ABL), representing the MSO, responded to Gillham’s letter late on Friday, stating the pianist had “abused his position by using an MSO concert to air his political opinions”.
“He did so improperly,” the letter said. “As was inevitable it caused distress to many members of the audience.”
The letter accused Gillham of making “outrageous demands” from the MSO for compensation and other relief.
Gillham’s demands, sent via Marque Lawyers, who have also instructed barrister Sheryn Omeri KC, included a public apology from the MSO, an affirmation of artists’ rights to speak freely, compensation for reputational damage caused by the initial cancelling of a concert, and guaranteed future engagements to repair the artist’s professional standing.
Gillham’s demands also included that the MSO commission a new piano concerto by a Palestinian composer and make a donation to the Edward Said National Conservatory of Music in Palestine.
“[The demands] will never be met,” said the MSO response, signed by ABL partner Leon Zwier, going on to state that on 14 August it was Gillham’s agent who told the MSO the concert scheduled for the following day would not proceed.
“Mr Gillham was not discriminated against because of his political views,” ABL said.
“What occurred is not and never has been about free speech.”
In a statement issued on Monday, Gillham said he was deeply disappointed by the MSO’s legal response.
“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,” he said.
“These actions infringe my right to freedom of expression and my workplace rights.”
The MSO denied this.
Gillham also alleged on Monday the MSO had refused to allow him any input into an independent review, conducted by the former federal arts minister and Midnight Oil frontman Peter Garrett and KPMG, which was announced by the MSO on 26 August to investigate the controversy.
In a statement to Guardian Australia, the MSO declined to speak about the ongoing legal matter.
“We have established an independent review led by Peter Garrett and KPMG to explore issues relating to the operations of Melbourne Symphony Orchestra,” the statement continued.
“It is crucial that the review be allowed to get on with its important work and we encourage the MSO community to support the review process.”
• This article was amended on 3 September 2024 to reflect that Sheryn Omeri KC is not employed by Marque Lawyers.
