Aadil Patel
A recognised thought leader and business enabler, Aadil Patel heads up the Employment Law practice at CDH, while also serving as head of the Government & State-Owned Entities sector. According to Chambers Global, Aadil's "… knowledge of labour law, combined with his understanding of the corporate environment, level of service, responsiveness and business acumen, makes him an amazing professional." Aadil undoubtably leads from the front, working across multiple jurisdictions in Africa and globally. He is a highly sought after speaker at industry seminars and webinars, is regularly quoted as the leading expert in the press and is a master at customising training workshops for the benefit of his clients.
Aadil has served as an Acting Judge of the Labour Court.
About Aadil
About Aadil
Aadil joined Cliffe Dekker (now Cliffe Dekker Hofmeyr) as a Director in 2006. He holds a B Proc LLB LLM and H Dip (Company Law), from the University of the Witwatersrand, and completed the DLA Piper Harvard Leadership Programme from the Harvard Business School in 2012. In 2024, Aadil completed an Organization Leadership course through Harvard Business School Online.
Credentials
Credentials
Education
- B Proc LLB LLM and H Dip (Company Law), University of the Witwatersrand
- Year of admission as an attorney: 1999
- Diploma in Pension Funds, University of the Witwatersrand (2012)
- Completed the DLA Piper Harvard Leadership Programme from the Harvard Business School in 2012
- Registered with the Legal Practice Council
Memberships
- The South African Society for Labour Law (SASLAW)
Languages
Languages
- English
About Aadil
Aadil joined Cliffe Dekker (now Cliffe Dekker Hofmeyr) as a Director in 2006. He holds a B Proc LLB LLM and H Dip (Company Law), from the University of the Witwatersrand, and completed the DLA Piper Harvard Leadership Programme from the Harvard Business School in 2012. In 2024, Aadil completed an Organization Leadership course through Harvard Business School Online.
Credentials
Education
- B Proc LLB LLM and H Dip (Company Law), University of the Witwatersrand
- Year of admission as an attorney: 1999
- Diploma in Pension Funds, University of the Witwatersrand (2012)
- Completed the DLA Piper Harvard Leadership Programme from the Harvard Business School in 2012
- Registered with the Legal Practice Council
Memberships
- The South African Society for Labour Law (SASLAW)
Languages
- English
Experience
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.
News
Costly negligence: Employee ordered to pay damages for contract breach and financial harm
In a landmark ruling in Mogale and Another v National Health Laboratory Services (JS958/2019) ZALCJHB 362 (13 September 2024), the Labour Court awarded damages in favour of the National...
Labour Court judgment on retrenchment: must I issue a written notice?
Must an employer issue a written notice in terms of section 189(3) before initiating a retrenchment process? Some commentators suggest that the case in Padayachee v Serere and Others...
Boardrooms are not courts: The decriminalised approach to workplace discipline
Misconduct is inevitable in every workplace, but not each instance of misconduct is always addressed as the disciplinary process can feel overwhelming.
Two for one: The splitting of charges in disciplinary notices
The criminalisation of our employment law has met the ire of our judiciary. South Africa’s courts have warned parties not to seek to frustrate and prolong the disciplinary process.
Are the establishment of picketing rules a requirement for lawful strike action
On 21 April 2023, the Commission for Conciliation, Mediation and Arbitration (CCMA) published amended Rules for the Conduct of Proceedings Before the CCMA (Rules). One of these amended...
Webinar recording | Retrenchment law turned on its head
Another draft Employment Equity economic sector targets: Have comments been considered?
Employment Equity Amendment Act updates
On 14 April 2023, President Cyril Ramaphosa signed the Employment Equity Amendment Act 4 of 2022 into law.
Public health strike action
Aadil Patel, Practice Head in our Employment Law practice, spoke to SABC News regarding SA's healthcare services being disrupted due to the NEHAWU wage strike.
Aadil Patel discusses the four day week
Whilst a four-day work week is attractive, South Africa needs to move to a productivity-based work model, in order to achieve success; this according to Aadil Patel, Director and Practice...
Part 1 - The Employment Equity Act
This is the first episode of a series of short podcasts where our Employment Law experts unpack the implications of the recent Employment Equity Amendments on employers. This episode...
Healthcare services disrupted as Nehawu wage strike
Aadil Patel, Head of our Employment Law Practice, speaks to 702 regarding SA's healthcare services disrupted due to Nehawu wage strike.
The next steps for employers, following the repeal of Regulations 16A, 16B and 16C
Aadil Patel, our Practice Head in the Employment Law Practice discussed the next steps for employers, following the repeal of Regulations 16A, 16B and 16C relating to the Surveillance...
Wearing of masks may be a thing of the past
With a steady decline in infection rates, hospitalisations and deaths related to COVID-19, the Minister of Health has recommended a reconsideration of the COVID-19 regulations pertaining...
Reflecting on 2021 and navigating 2022
Our Employment Law team hosted their first webinar where they reflected on 2021 and identified key themes for 2022.
Market recognition
- Chambers Global 2024 ranked Aadil in Band 1 for employment.
- Chambers Global 2015–2023 ranked him in Band 2 for employment.
- The Legal 500 EMEA 2021–2024 recommended Aadil as a leading individual for employment and recommended him from 2012–2020.
Market recognition
- Chambers Global 2024 ranked Aadil in Band 1 for employment.
- Chambers Global 2015–2023 ranked him in Band 2 for employment.
- The Legal 500 EMEA 2021–2024 recommended Aadil as a leading individual for employment and recommended him from 2012–2020.
Expertise
Employment Law
CDH offers support to clients engaging in the complex and constantly evolving people management space.
Corporate Debt, Turnaround & Restructuring
We have an experience team that can balance our clients' needs with the pragmatic realities they face.
Corporate & White Collar Investigations
CDH’s Corporate & White Collar Investigations team can help clients navigate local and international corporate risk management requirements.
Pensions & Employee Benefits
Our Pensions & Employee Benefits team works with skilled lawyers from across the firm to provide expert advice and solutions.
Government and State-Owned Entities
We provide a comprehensive service that can be applied to all aspects of public law.
Healthcare & Pharmaceuticals
Our multidisciplinary team develops creative strategies and integrated solutions for this important healthcare sector.
Industrials, Manufacturing & Trade
We provide a multidisciplinary approach to legal and commercial matters across Africa.
Mining & Minerals
We help our clients navigate legal and administrative complexities in this key economic sector.
Public Law
We have experience across key areas of public law and understand the relevant legal and policy frameworks.
Technology & Communications
Our team offers advice on a wide range of functions and sector-related issues.