Federal Court opens door to political belief protections for independent contractors in victory for client of Cloisters’ Sheryn Omeri KC
Image of Sheryn Omeri KC
In a decision handed down today, Chief Justice Mortimer of the Federal Court of Australia has ruled that Australian-British pianist Jayson Gillham's discrimination case against the Melbourne Symphony Orchestra (MSO) and its Chief Operating Officer, Guy Ross, can proceed to trial. The judgment could have far-reaching consequences for independent contractors across Australia, particularly those in the arts and creative industries, many of whom have been censured in various ways for having expressed views about the war in Gaza.
Gillham, a celebrated concert pianist, based in London, alleges that his contract with the MSO was terminated due to his expression, in introducing a piano piece called Witness at a recital, of his political belief concerning the killing of Palestinian journalists amounting to a war crime. The case has drawn national attention as a test of whether independent contractors are protected under workplace discrimination laws when their engagement is terminated for their having expressed political views in the course of their work.
In a significant development for Australian jurisprudence, the Court refused the respondents’ application to summarily dismiss or strike out the claim. The Chief Justice accepted that it is arguable that the protections afforded through section 12 of the Fair Work Act 2009 (which defines “workplace law”) may include prohibitions under Victorian anti-discrimination legislation against discrimination on the ground of political belief or activity.
Chief Justice Mortimer also noted that Australia’s international obligations may support this interpretation, reinforcing the principle that freedom of political expression should be safeguarded in professional contexts, even for those not classified as employees.
The judgment comes amid increasing scrutiny of how cultural institutions handle politically sensitive issues and respond to the views expressed by artists. The case is particularly relevant given the growing number of artists and performers who have faced cancellations or censure for their public commentary on global conflicts, including the crisis in Gaza.
Sheryn Omeri KC led the legal team defending against the summary dismissal application, instructed by Michael Bradley of Marque Lawyers. Her arguments successfully persuaded the Court that the legal questions raised are significant and warrant a full hearing.
The matter will now proceed to trial, setting the stage for a pivotal test of the rights of independent contractors to political expression under Australian law.
The judgment can be found here.
