Employment disputes are some of the most expensive, disruptive and personal claims a business can face — and some of the most stressful claims an employee can bring. We act on both sides of the line. But we don’t try to be all things to everyone, and the rest of this page explains exactly how we work.
For employers
We know what it’s like to be sued by an employee with no claim. We’ve been there.
If you’re reading this, something has probably already happened. A Form F2 has landed. A letter from a lawyer has arrived. A former employee has lodged a general protections application — and the version of events in it bears no resemblance to what actually happened.
We get it. We’ve sat in your chair.
Twomey is a business as well as a law firm. We hire people. We manage them. We make hard calls. And we’ve had the 5pm-Friday email land in our inbox too. We’ve had the sleepless night working out what a baseless claim is going to cost. We’ve had the team meeting where everyone wonders what they did wrong — when the answer was nothing.
That’s not a sales line. It’s the lived experience that shapes how we run a defence.
The system is built so the claim costs you something — even when you win.
Most employers don’t realise how loaded the framework is against them until they’re inside it:
No-costs jurisdiction
The Fair Work Commission is generally a no-costs jurisdiction. You wear your own legal fees even when the claim is meritless and you win. The other side knows this. Settlement pressure is built into the system.
Reverse onus of proof
On a general protections claim, the burden of proof reverses. Once the employee shows they exercised a workplace right, you have to prove the adverse action wasn’t because of it. Guilty until proven innocent.
21-day clock
The clock is 21 days — and most employers don’t get advice until the conciliation date is set. By then, three weeks have already gone.
What we do differently.
Twomey is a specialist disputes firm. We run cases every day — not occasionally. When a claim lands, we triage inside 24 hours. We give you a clear position — not a 12-page legal advice — on what the merits actually look like, what it’s likely to cost, and what the cleanest way out is.
Most matters resolve at FWC conciliation, and we arrive with a position, a number, and a deed ready to sign. The other side rarely shows up that prepared. That’s the leverage.
And when the claim has no merit, we say so — and we fight it. Hard.
Claims we defend.
- Unfair dismissal applications
- General protections / adverse action claims
- Bullying, harassment, and sexual harassment claims
- Underpayment and wage theft allegations
- Discrimination claims (state and federal)
- Restraint of trade and confidentiality breaches by ex-employees
- Workplace investigations conducted to legal standard
- Redundancy and restructure disputes
For employees
Have you been unfairly dismissed, sexually harassed or treated badly at work?
As an employee, it can feel like your employer holds all the cards. Your employer might appear to have more resources than you have — HR professionals, lawyers and others they can afford. Fortunately, Australian law requires employers to protect their employees from harm and to treat their employees with respect. Those requirements apply no matter how big, how influential or how well-resourced the employer might be.
Employers who fall short of their legal requirements face consequences. Applying those consequences is the role of Australia’s national workplace relations tribunal, the Fair Work Commission. Demanding a Fair Work Commission hearing is the right of any employee who feels their employer has fallen short of its legal obligations.
Like a court, the commission hears from both sides in a dispute then makes a decision. Should the commission decide in your favour, it will usually award compensation.
Most employment law claims are settled without going to a hearing
Employers often agree to pay compensation before a dispute goes all the way to a Fair Work Commission hearing. At a hearing, your employer risks having to pay compensation and the costs of an expensive process — a process that might cost you nothing (see below for details).
For an employer, a fast agreement to pay out before a hearing minimises the risks of extra expense.
The right lawyers for unfair dismissal and sexual harassment claims
You’re in a dispute with your employer when they don’t believe you’re the victim of unfair dismissal, sexual harassment or another breach of employment law. Because you’re in a dispute, it’s smart to consult lawyers who specialise in disputes and litigation. Disputes and litigation specialists are the lawyers who present cases every day to courts and tribunals, like the Fair Work Commission.
Importantly, engaging a lawyer who knows how to fight for a client in court doesn’t mean you will have to go to the Fair Work Commission. Lawyers who fight cases in courts and tribunals know how to present your employer with a thought-provoking preview of what the employer will face at a hearing. Understanding what they will be up against is the best way to persuade your employer to settle with you before the case is heard.
Have I been unfairly dismissed or sexually harassed?
Employers have numerous responsibilities under Australian employment law. However, the most common reasons for employees to seek compensation from employers are:
- Unfair dismissal
- Sexual harassment
The law defines sexual harassment and unfair dismissal, but it’s best to get the opinion of a lawyer before deciding whether those definitions fit you. Many people, for example, don’t appreciate how broadly sexual harassment law applies. Sexual harassment goes further than being the victim of unwanted sexual advances. Not long ago, a cleaner at a Gold Coast school was awarded $156,000 compensation after a prank. The prank made the cleaner uncomfortable and a tribunal agreed that the sexual content of the prank made it sexual harassment.
The law is there to protect employers and employees
Is your business accused of failing to live up to its responsibilities? Or do you believe your employer has fallen short of their contractual or legal obligations? You have nothing to lose by contacting us to discuss your situation and potentially strengthen your position.
Our team of specialist lawyers is just a phone call away, ready to advise you on your options, to protect your legal position and to negotiate on your behalf.
We can act for you wherever you are in Australia, as most employment disputes can be negotiated remotely. Fair Work Commission hearings don’t have to be in-person either. Reach out to us to discuss your next steps in resolving workplace issues effectively and fairly.
Why Twomey
Specialist disputes. Senior partner on the file. Four cities, one matter.
01 Specialist disputes firm.
We run cases every day, not occasionally.
02 Accredited specialists in commercial litigation.
The senior partner running your matter has done it before. Many times.
03 Four cities, one file.
Gold Coast, Brisbane, Sydney, Melbourne. Your matter is run by one partner — not handed off.
04 Founder-led, commercially-minded.
We understand cashflow, payroll, and what the matter costs you beyond the legal fees.
