Luway Mongie
Partner | Johannesburg
Contact
T: +27 11 669 9457
E: luway.mongie@bowmanslaw.com
Overview
Luway advises clients on a wide range of investigations and employment-related matters. His primary focus is conducting investigations for corporate clients and public entities into a wide range of whistleblowing or similar complaints, including allegations of fraud, corruption, irregular procurement practices, sexual harassment, racism, workplace assault and employee dereliction of duties and gross negligence.
When leading an investigation, he reports to the client and advises on risk management and consequential steps, which could, for example, entail employment disciplinary consequences, civil recovery, mandatory reporting and related criminal proceedings.
Apart from his extensive experience in investigations, Luway has an impressive track record as an appearance lawyer in employment courts and similar tribunals. He has worked on a number of matters leading to dismissals that have been sustained through the Labour Court, Labour Appeal Court and the Constitutional Court. Luway also regularly provides specialist advice on whistleblower queries, general employment law and investigations-related queries.
With his background in economics as well as the law, Luway can seamlessly analyse financial documentation whilst conducting investigations of an employment nature, and uses his significant experience from cross-examination and leading evidence whilst appearing in tribunals when conducting interviews with subjects. Whenever carrying out mandates for clients, Luway always considers matters from a strategic, commercial and practical perspective to ensure clients’ best interests are achieved. These expertise, together with the multidisciplinary character of the investigating teams he leads, comprising employment lawyers, forensic accountants and litigators, can considerably reduce the amount of time between commencing an investigation, initiating consequential steps and proactively managing any risks for a client.
Experience
Luway has:
- Conducted an investigation into serious allegations of fraud and irregular conduct by a senior executive in a public entity. Prior to Luway’s involvement, state bodies had carried out an investigation into the employee for more than five years. Luway oversaw an investigation which resulted in report, disciplinary steps against the executive concerned, and defending ensuing tribunal proceedings, all completed in less than a year.
- Following reports in the media, conducted complex investigations for a client of a highly sensitive nature involving allegations of procurement irregularities and corruption, and successfully represented client in internal disciplinary proceedings and at subsequent tribunals, to achieve efficient, cost-effective and successful outcomes for client.
- Conducted investigations into the culture of a global corporate client with a specific focus on allegations of racism and discrimination in the workplace.
- Advised various clients, including national sports governing bodies and public entities, in high-profile matters in the media and successfully representing clients in related court or tribunal litigation, including necessary appearance and advocacy work as appropriate.
- Conducted cross border investigations into allegations against executives and employees of a corporate client in various jurisdictions outside South Africa, engaging and managing local counsel where required.
- Advised and assisted global healthcare and pharmaceutical client on internal restructuring mandate.
- Conducted 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 that have been reported in the media.
AREA OF EXPERTISE
Qualifications
Education
- University of Cape Town, BCom (Economics and Law)
- University of Cape Town, Bachelor of Laws (LLB)
Professional Memberships
- Admitted attorney of the High Court of South Africa
- Member of the South African Society for Labour Law (SASLAW)
- 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.
INSIGHTS
Overview
Luway advises clients on a wide range of investigations and employment-related matters. His primary focus is conducting investigations for corporate clients and public entities into a wide range of whistleblowing or similar complaints, including allegations of fraud, corruption, irregular procurement practices, sexual harassment, racism, workplace assault and employee dereliction of duties and gross negligence.
When leading an investigation, he reports to the client and advises on risk management and consequential steps, which could, for example, entail employment disciplinary consequences, civil recovery, mandatory reporting and related criminal proceedings.
Apart from his extensive experience in investigations, Luway has an impressive track record as an appearance lawyer in employment courts and similar tribunals. He has worked on a number of matters leading to dismissals that have been sustained through the Labour Court, Labour Appeal Court and the Constitutional Court. Luway also regularly provides specialist advice on whistleblower queries, general employment law and investigations-related queries.
With his background in economics as well as the law, Luway can seamlessly analyse financial documentation whilst conducting investigations of an employment nature, and uses his significant experience from cross-examination and leading evidence whilst appearing in tribunals when conducting interviews with subjects. Whenever carrying out mandates for clients, Luway always considers matters from a strategic, commercial and practical perspective to ensure clients’ best interests are achieved. These expertise, together with the multidisciplinary character of the investigating teams he leads, comprising employment lawyers, forensic accountants and litigators, can considerably reduce the amount of time between commencing an investigation, initiating consequential steps and proactively managing any risks for a client.
Experience
Luway has:
- Conducted an investigation into serious allegations of fraud and irregular conduct by a senior executive in a public entity. Prior to Luway’s involvement, state bodies had carried out an investigation into the employee for more than five years. Luway oversaw an investigation which resulted in report, disciplinary steps against the executive concerned, and defending ensuing tribunal proceedings, all completed in less than a year.
- Following reports in the media, conducted complex investigations for a client of a highly sensitive nature involving allegations of procurement irregularities and corruption, and successfully represented client in internal disciplinary proceedings and at subsequent tribunals, to achieve efficient, cost-effective and successful outcomes for client.
- Conducted investigations into the culture of a global corporate client with a specific focus on allegations of racism and discrimination in the workplace.
- Advised various clients, including national sports governing bodies and public entities, in high-profile matters in the media and successfully representing clients in related court or tribunal litigation, including necessary appearance and advocacy work as appropriate.
- Conducted cross border investigations into allegations against executives and employees of a corporate client in various jurisdictions outside South Africa, engaging and managing local counsel where required.
- Advised and assisted global healthcare and pharmaceutical client on internal restructuring mandate.
- Conducted 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 that have been reported in the media.
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