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good day ladies and gentlemen and welcome back to another what if video my name is vip and as always it is great to have you todays topic is what if an employer terminates a fixed on contract is such a termination a dismissal now we see that employees who was employed on fixed term contracts refer unfair dismissal disputes to the ccma or to the bargaining council in terms of section 186 1 and b of the lra after such contracts or contract was terminated the question is whether the ending of such a contract is a dismissal or not now the answer to this question ladies and gentlemen is critical because if it is found that it was indeed a dismissal the onus is on the employer to prove that the dismissal was fair in other words if the ending of a fixed term contract is a dismissal the employer must prove that it followed a fair procedure prior to the dismissal and that it had a fair reason to dismiss the employee now in proving a dismissal the onus is not on the employer but on the employee