In her Federal Court suit, filed in April last year, Dunch said the Sydney Symphony fired her in December 2021 because she had moved to dismiss a musician accused of sexual harassment and conducted an internal review into widespread conduct after receiving complaints against several individuals.

On Monday, Dunch filed a notice of discontinuance, bringing an end to the proceedings before Justice Elizabeth Raper. The Sydney Symphony and Dunch’s legal representatives declined to comment, but in a joint public statement released last Monday, the symphony commended Dunch’s “significant contributions to the Orchestra in a period of unprecedented challenge”.

The symphony said it was implementing the recommendations of the broad review into workplace culture instigated by Dunch and undertaken by former Australian Sex Discrimination Commissioner Elizabeth Broderick.

“The board of the Sydney Symphony Orchestra affirms its commitment to fostering a safe and inclusive work environment reflecting artistic excellence, supporting strong leadership, and ensuring good governance,” the board said.

“The board is grateful for Ms Dunch’s contributions to the SSO in her time as CEO and wishes her well in her future endeavours.”

In the statement, Dunch said she wished the orchestra well.

“I am proud to have led the team that placed the Sydney Symphony on a strong financial and artistic footing for its return to the Sydney Opera House and ensured that important workplace change would occur,” she said.

Fired after review found ‘systemic sexual harassment’, CEO says

After a female musician lodged a sexual harassment complaint with the Sydney Symphony in May last 2021, Dunch notified the board, which includes NSW Supreme Court Justice Anthony Meagher.

Legal advice was sought from Allens and the matter was reported to the NSW Police. The accused was arrested and charged with sexual intercourse without consent in June 2021 and was fired from the Sydney Symphony in October. He entered a not guilty plea in the District Court in January last year.

From June to August 2021, a further six employees approached Dunch with claims of sexual harassment and assault, according to he lawsuit. Dunch hired Broderick to perform a cultural review of the Sydney Symphony in August.

Broderick’s report — the product of interviews with 60 musicians found — “systemic sexual harassment, bullying, racism and behavioural issues” by symphony musicians going back over two decades.

Dunch claimed that the Sydney Symphony breached the adverse action provisions of the Fair Work Act by threatening to fire her and then firing her because she organised a meeting with the accused in July 2021 regarding his dismissal — a decision which was approved by the board but later reversed — and because she engaged Broderick to conduct a review.

The Sydney Symphony rejected the allegations in its defence and denied that Dunch was exercising a workplace right in moving to dismiss the musician and conducting the internal review. She was acting on behalf of the Sydney Symphony and not on her own behalf in taking these steps, the orchestra says.

Dunch ran her own cultural management consulting business in New York before taking the role of CEO at the Sydney Symphony in January 2018. She earned a salary of $530,000 per year.

Dunch is represented by Johnson Winter & Slattery. Sydney Symphony is represented by Toomey Pegg Lawyers.

The case is Emma Dunch v Sydney Symphony Limited & Anor.

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