Melbourne Symphony attempts to silence political discrimination case on legal technicality
International concert pianist Jayson Gillham has called out the Melbourne Symphony Orchestra (MSO) for attempting to have his discrimination case thrown out on a legal technicality, rather than addressing the facts surrounding his cancellation. The case returns to the Federal Court of Australia on 17 March 2025, where the MSO will argue that Jayson’s claim should be struck out without a hearing on the substance of the allegations — a move that could have far-reaching consequences for all freelance artists and contracted workers in Australia.
“The MSO are trying to avoid facing the facts in court,” said Jayson Gillham. “They are arguing that because I was engaged under a particular type of contract, I shouldn’t be protected by Australia’s workplace discrimination laws. If they succeed, this would create a dangerous loophole that could strip away discrimination protections for thousands of freelance artists and anyone working under similar contracts — not just in the arts, but across all industries.”
The MSO’s legal argument relies on a narrow interpretation of the Fair Work Act and the Equal Opportunity Act, claiming that freelancers like Jayson are not covered by the protections these laws offer to employees. If successful, this legal manoeuvre would open the door for employers to avoid responsibility for unlawful discrimination by simply structuring engagements through third-party contracts.
“This case goes far beyond what happened to me,” Jayson continued. “It’s about whether all Australians — whether full-time, part-time, or freelance — have the right to freedom of expression and protection from discrimination based on political beliefs. If the MSO succeeds, any employer could contract their way out of anti-discrimination laws. This is a fight for basic rights at work, and I’m calling on Australians to stand with me.”
As Jayson prepares to defend his case on 17 March, he is also urging the public to support his Justice for Jayson crowdfunding campaign on Chuffed.org.
“Mounting a legal challenge of this scale is expensive, but it’s essential,” he said. “This is about protecting everyone’s rights, not just my own. I’m asking the public to chip in and help fund this fight — because if we lose this battle, it’s not just artists who will suffer, but anyone working under a contract.”
The hearing will take place at 11am on 17 March 2025 at the Federal Court in Melbourne. The outcome could set a precedent for freelance workers across Australia.