Welsh National Opera at war as oboist is unfairly dismissed after 34 years because he did not ‘blend’ with orchestra

  • Murray Johnston, 63, sacked from orchestra after more than three decades
  • Musician claimed his WNO career waned after personality clash with musical director
  • Judge rules disciplinary procedure Johnston was put through due to ‘artistic failings’ was unfair

By
Anna Edwards

08:19 EST, 31 July 2012

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11:47 EST, 31 July 2012

After a marathon campaign the former principal oboist from the Welsh National Opera has proved he was unfairly sacked.

Now judges at the Court of Appeal have urged the warring woodwind section of the company to return to harmony after they ruled that Murray ‘Sandy’ Johnston was unfairly dismissed.

Talented Mr Johnston, 63, was sacked after 34 years in the ranks of the WNO on grounds that the sound of his instrument did not ‘blend’ with the rest of the orchestra.

Clash: Murray Johnson (left) was unfairly dismissed, following long term difficulties with Carlo Rizzi (right)

He was made to go through auditions to prove that his instrument was acceptable to the orchestra.

But the musician claimed his career with WNO began to wane following a personality clash with former musical director, Carlo Rizzi.

After long-term ‘difficulties’ in the
relationship between the oboeist and Mr Rizzi, Mr Johnston had satisfied
assessors, including the then music director, that his ‘intonation’ and
’emission of sound’ came up to scratch during auditions.

Murray Johnston has finally proved he was unfairly dismissed

However, he continued to face
criticism of his perceived shortcomings in ‘ensemble’ situations and the
‘blending of sound’ between his instrument and the orchestra.

His dismissal came after the WNO said
that aspect of his playing could not be tested by audition with a
pianist to accompany him but only in ‘full ensemble conditions’.

Although the WNO purported to follow
the disciplinary procedure laid down in its handbook, it did not comply
with the opera’s agreement with the Musicians Union, which was designed
to protect musicians from ‘too subjective an assessment’ of their
artistic performance.

The judge, sitting with Lords Justice
Moore-Bick and Sullivan, said it was ‘inevitable’ that it would be found
that the disciplinary procedure to which Mr Johnston was subjected for
his perceived artistic failings was ‘procedurally unfair’.

Lord Justice Kay said: ‘To subject Mr
Johnston to the handbook disciplinary procedure, minus the requirements
of oral, written and final warnings, was procedurally unfair, even if
the concern was to save him from additional stress.’

After today’s decision the case will now return to an employment tribunal for the amount of compensation payable by the WNO to Mr Johnston to be assessed.

However, after pointing to the massive cost of three previous contested hearing, Lord Justice Maurice Kay said: ‘I hope that the parties will give active consideration to the possibility of a negotiated settlement, if necessary through mediation’.

After ruling that the disciplinary procedure followed lacked the element of objectivity that would have made it fair, the judge concluded: ‘It was not a reasonable response to the problem that had arisen… I consider that a finding of procedural unfairness is inevitable’.

Battleground: The Wales Millennium Centre serves as an arts center and housed the WNO

Here’s what other readers have said. Why not add your thoughts,
or debate this issue live on our message boards.

The comments below have been moderated in advance.

After 34 years of playing, why didn’t the rest of the orchestra get behind Mr Johnson or are we only getting half a story yet again?.

Good for you Murray….seen him play and he is very good..

Who cares? Classical music is dead, man! Hip Hop and Rap are the two styles which truly represent Britain’s new identity. Classical is for losers!

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