Aadil Patel

Independent chairperson in internal disciplinary proceedings

Aadil has extensive experience in acting as independent chairperson in internal disciplinary proceedings against junior and senior employees for clients in the various economic sectors where charges against the employee range from misconduct, incompatibility, poor performance and incapacity.

ArcelorMittal

Represented ArcelorMittal in a dispute involving s197 of the Labour Relations Act (LRA) (relating to transfers of businesses) which was the first case interpreting the Constitutional Court case on the same section (which, in turn, was also a case in which our employment team represented one of the involved parties).

Herholdt v Nedbank Ltd (2012) 33 ILJ 1789 (LAC)

Appeared in the ground-breaking case of Herholdt v Nedbank Ltd (2012) 33 ILJ 1789 (LAC), for the successful party, in which the principles applicable to review applications were re-examined, and which case has since had great impact in the area of review applications.

Eskom

• Successfully represented Eskom at the Supreme Court of Appeal (as well as in the courts a quo), in a far-reaching essential services dispute [ESKOM Holdings Ltd v NUM 2012 (2) SA 197 (SCA)].
• Represented Eskom in Eskom v Marshall and Others [2003] 1 BLLR 12 (LC). This case dealt with the issue of what a benefit is.
• Representing Eskom Holdings SOC Limited and the Airports Company of South Africa (ACSA) at the essential services committee regarding the conclusion of minimum services agreement.
• Advised Eskom for a considerable period of time in respect of the Central Bargaining Forum

Restructuring

Assisted SAA, ArcelorMittal, Murray and Roberts Cementation with their restructuring.

Outsourcing transactions

Advised various clients on their outsourcing transactions and in developing optimal staffing models with regard to the recent amendments to various pieces of labour legislation.

Absa

Assisted Absa with its various outsourcing transactions.

SAP

Acted for SAP regarding the application of several HR and employee policies in use in SA and in other African countries. The project covered the following jurisdictions: Angola, Nigeria, Kenya, and Morocco.

Total

Acted for Total regarding the application of several HR and employee policies in SA and in other African countries. The project covered the following jurisdictions: Swaziland, Namibia, Botswana and Lesotho.

Coca-Cola

Advised Coca-Cola on 'localising' their HR policies and employment contracts in Zambia, Zimbabwe, and Angola.

MacMillan

Advised MacMillan on 'localising' their HR policies and employment contracts in Botswana and Namibia.

Dell Computers

Advising and assisting Dell Computers (Pty) Ltd on internal disciplinary proceedings instituted against an employee in Nigeria on charges of misconduct including appointment of Nigerian correspondents and acting as liaison between client and correspondent.

Standard Bank of South Africa

Advising and assisting Standard Bank of South Africa Limited with issues around the commencement of business and the employment and remuneration of staff in Ivory Coast.

Total South Africa

Assisting and advising Total South Africa in its dealings with the Employment Equity Commission following charges instituted against it by the Commission including the appointment of a Namibia correspondent to assist client and acting as liaison and facilitator between client and correspondent.