Luway Mongie is a partner in our Johannesburg office and a member of the Employment and Benefits practice and the Corporate Investigations practice.
Luway’s primary focus pertains to conducting investigations on behalf of clients into various employment-related issues, drafting investigation reports for such clients where necessary and advising clients of what action it should take in the circumstances. To this extent, Luway has conducted investigations into a wide array of misconduct-related issues including allegations of sexual harassment, racism, assault, dereliction of duties and gross negligence by employees. Luway’s primary focus in carrying out such investigations have been in relation to allegations of employee fraud, corruption, irregular procurement practices and similar irregular misconduct by employees.
Luway’s addition to the Corporate Investigations practice provides for a specialized consideration of any employment aspects that may affect clients in relation to investigations carried out for employers. His clients include both corporate clients and public entities.
Luway has assisted clients with preparing and initiating disciplinary enquiries and CCMA matters on behalf of employers in respect of misconduct and incapacity issues, advising and representing clients in all types of labour-related litigation including appearing at the Labour Court, chairing hearings, advising on various industrial action issues and restructuring and retrenchments, as well as advising clients on mitigating employee risk. In dealing with such issues, practical and commercial aspects are always factored into the best approach to adopt for clients.
Luway has presented to the Gauteng chapter of the South African Society for Labour Law on investigations in the workplace and has also presented at its annual national conference.
Luway has a BCom (Economics and Law) and LLB from the University of Cape Town.
- Recently assisted a parastatal conduct an investigation into serious allegations of fraud and irregular conduct by one of its senior executives. Prior to his involvement, an investigation into the employee had been carried out for in excess of 5 years by state bodies. Upon being instructed, Luway oversaw an investigation into the matter in which the employee was investigated and a report prepared and finalised and following which, a disciplinary hearing was conducted in which Luway represented the client, the senior executive was dismissed and the CCMA proceedings were successfully defended, all within the space of less than a year.
- Conducted a culture investigation by a significant global company with a specific focus on allegations of racism and discrimination in the workplace.
- Advised and overseen the disciplinary proceedings of a CEO of a notable public entity in which a forensic report of several hundreds of pages detailed various allegations of fraud and corruption by the CEO. Luway advised of an expedient process for the disciplinary process which resulted in the dismissal of the CEO without a formal disciplinary enquiry being held. This process was challenged by the CEO but Luway successfully defended it on behalf of the client at the CCMA.
- Successfully represented a state-owned company at the CCMA in which senior employees were dismissed for irregular procurement policies.
- Advised clients, including national sports governing bodies and parastatals, in relation to high-profile matters in the media and successfully represented such clients at the CCMA, the Labour Court and the High Court. Luway regularly appears on behalf of such clients at tribunals such as the CCMA and the Labour Court.
- Conducted investigations into serious allegations of misconduct by Executives and employees of a private company in jurisdictions outside of South Africa, and where required, enlisted the assistance of local counsel.
- Advised and assisted one of the largest healthcare and pharmaceutical companies in the world regarding internal restructurings.
- Conducted various court litigation for a range of clients, from JSE-listed companies to various government and state-owned companies.
- Successfully advised and assisted pro bono clients in the Constitutional Court in relation to serious allegations of racism in matters which have been reported in the media.
- Admitted attorney of the High Court of SA; and
- Member of the South African Society for Labour Law (SASLAW).