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Court Orders Trial in Pianist’s Discrimination Case Against Melbourne Symphony Orchestra

Federal Court rejects orchestra’s dismissal bid, affirming workplace protections for freelance artist Jayson Gillham.

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Overview

  • The Federal Court ruled that Jayson Gillham's discrimination lawsuit against the Melbourne Symphony Orchestra (MSO) will proceed to trial.
  • The MSO argued that Gillham, as a freelance contractor, was not protected under the Fair Work Act or Victoria's Equal Opportunity Act, but the court disagreed.
  • Gillham claims the MSO cancelled his August 15, 2024, concert in retaliation for his public remarks on the Gaza conflict during a prior performance.
  • The orchestra maintains the cancellation was unrelated to free speech and was due to Gillham making unsanctioned political comments on stage.
  • This case could set a significant legal precedent for the rights of freelance artists under workplace and discrimination laws.