The Federal Court has rejected an attempt by the Melbourne Symphony Orchestra (MSO) to have a lawsuit brought by international concert pianist Jayson Gillham thrown out, clearing the way for a trial over whether Gillham was unlawfully dismissed for making political comments on stage.

In a judgment delivered on Wednesday 7 May, Chief Justice Debra Mortimer dismissed a summary judgment application filed by MSO and its Chief Operating Officer, Guy Ross. The orchestra had sought to have the case dismissed without a trial, arguing that Gillham’s claim had no reasonable prospect of success under federal workplace laws.

But the Court found that the pianist’s case – which centres on whether he was entitled to workplace protections under Victoria’s Equal Opportunity Act as an independent contractor – raised legitimate questions of law and fact that should be explored at trial.

Jayson Gillham. Photo © Benjamin Ealovega

Read the Federal Court’s judgement here.

The dispute arose from Gillham’s performance at an MSO recital at Hamer Hall in Melbourne on 11 August 2024. Before playing a piece titled