All hell broke loose at the Melbourne Symphony Orchestra after pianist Jayson Gillham made comments about the war in Gaza during a concert, a court has heard.
He is suing the orchestra in the Federal Court for discrimination based on his political beliefs after a 2024 performance in which he performed a solo piece dedicated to journalists killed in the conflict.
Crucially, the performer introduced the piece by saying Israel targeted journalists in an effort to prevent the documentation and broadcasting of war crimes, prompting the orchestra to cancel an upcoming performance citing safety concerns.
The orchestra argued Gillham would have anticipated that people would be upset, with management responding to the incident within minutes as all hell broke loose.
His next concert was cancelled following the performance.
The organisation had no forewarning about his comments and felt misled by him, MSO barrister Justin Bourke KC told the court in an opening address on Monday.
"He knew he was overstepping the line, he knew he was going to make political statements about Gaza."
Gillham's barrister Sheryn Omeri KC said the case was fundamentally about the right to freedom of expression for workers and whether those rights could be limited by the implied terms of a contract.
The pianist's comments were lawful and audience members who did not want to listen to them could have left the Southbank venue, she said.
"There is no right not to hear things that make us uncomfortable, even very uncomfortable ... there is a difference between feeling uncomfortable and feeling unsafe, and nothing that speech would have made anyone feel unsafe," Ms Omeri said.
The orchestra received one written and two verbal complaints after the concert, followed by 487 complaints about its decision to cancel Mr Gillham's next performance, the court heard.
But Mr Bourke argued an unfettered right to free speech on the stage could have profound consequences, affecting ticket sales, sponsors and donors.
It would ultimately be unworkable, especially if an artist wanted to speak on stage for an hour, he added.
"We are entitled to have control over our own stage, especially when statements are going to be made that are highly controversial," Mr Bourke said.
Justice Graeme Hill encouraged lawyers on both sides of the dispute to limit their rhetoric about events in the Middle East.
Intergenerational conflicts in the region between Palestinians and Israelis escalated on October 7, 2023, when Hamas - a designated terrorist organisation in Australia and Western allies - launched an assault in southern Israel that killed more than 1200 people.
Since then, more than 72,000 Palestinians have been killed in the Gaza Strip, according to figures from Gaza's Ministry of Health cited by the United Nations.
The trial is expected to run for three weeks and the orchestra is expected to call around 20 witnesses.