NAIROBI, Sept 20 (Reuters) - A Kenyan court ruled on
Friday that Facebook's parent company Meta could be
sued in the East African nation over the dismissal of dozens of
content moderators by a contractor.
Last year the content moderators sued Meta and two
contractors, saying they lost their jobs with Sama, a
Kenya-based firm contracted to moderate Facebook content, for
trying to organise a union.
They said they were then blacklisted from applying for the
same roles at another firm, Majorel, after Facebook changed
contractors.
Out-of-court settlement talks between the moderators and
Meta collapsed in October last year.
The case could have implications for how Meta works with
content moderators globally. The U.S. giant works with
moderators around the world tasked with reviewing graphic
content posted on its platform.
Friday's decision by the Court of Appeal upheld an earlier
ruling by a Kenyan labour court in April 2023 that Meta could
face trial over the moderators' dismissals, which Meta appealed.
It also upheld a separate ruling in February 2023 that Meta
could be sued in Kenya over alleged poor working conditions,
which Meta also appealed.
"The upshot of our above findings is that the appellants'
(Meta's) appeals ... are devoid of merit and both appeals are
hereby dismissed with costs to the respondents," the judges at
the Court of Appeal said in their ruling.
Meta, Sama and Majorel did not immediately respond to
Reuters requests for comment.
Meta has previously responded to allegations of a poor
working environment in Kenya by saying it requires partners to
provide industry-leading conditions.
Sama has said it has always followed Kenyan law and
provided mental health services to its employees.
Majorel has said it does not comment on pending or
active litigation.
"Meta being sued in Kenya is a wake up call for all Big
Tech companies to pay attention to the human rights violations
taking place along their value chains," said Mercy Mutemi, a
lawyer for the content moderators.