Pianist Jayson Gillham has lost his case against the Melbourne Symphony Orchestra (MSO) after alleging that his 2024 dismissal from an MSO performance constituted unlawful discrimination.

The case’s findings were handed down today (Friday 10 July) by Justice Graeme Hill before the Federal Court of Australia, who ruled that Gillham’s cancellation by the orchestra was a business, rather than a political decision.

He also found that the MSO “did have a policy” about remaining neutral surrounding the Israel-Gaza conflict and that there is a convention upheld between classical musicians and their presenters that dictates that they should not make remarks about “sensitive political or social issues” without seeking permission.

“I find that there is a custom or practice that classical musicians do not make statements on sensitive political or social issues from the stage without approval of the host. This custom is not universally observed, but that does not mean there is no custom or practice to begin with,” he said.

Justice Hill also said that Gillham’s comments were not a “substantial and operative reason” for the MSO’s response.

Jayson Gillham. Photo supplied

On 11 August 2024, the MSO presented a solo recital...