Kenyan court orders mediation in Meta labour dispute

File photo: Meta and Facebook logos are seen in this illustration taken 15 February 2022. Reuters/Dado Ruvic/Illustration/File Photo

The 184 content moderators are suing Meta and two subcontractors after they say they lost their jobs with one of the firms, Sama, for organising a union.

The plaintiffs say they were then blacklisted from applying for the same roles at the second firm, Luxembourg-based Majorel, after Facebook switched contractors.

"The parties shall pursue an out of court settlement of this petition through mediation," said the order by the Employment and Labour Relations Court, which was signed by lawyers for the plaintiffs, Meta, Sama and Majorel.

Kenya's former chief justice, Willy Mutunga, and Hellen Apiyo, the acting commissioner for labour, will serve as mediators, the order said. If the parties fail to resolve the case within 21 days, the case will proceed before the court, it said.

Meta, Sama and Majorel did not immediately respond to requests for comment.

A judge ruled in April that Meta could be sued by the moderators in Kenya, even though it has no official presence in the east African country.

The case could have implications for how Meta works with content moderators globally. The US social media giant works with thousands of moderators around the world, who review graphic content posted on its platform.

Meta has also been sued in Kenya by a former moderator over accusations of poor working conditions at Sama, and by two Ethiopian researchers and a rights institute, which accuse it of letting violent and hateful posts from Ethiopia flourish on Facebook. Those cases are ongoing.

Meta said in May 2022, in response to the first case, that it required partners to provide industry-leading conditions. On the Ethiopia case, it said in December that hate speech and incitement to violence were against the rules of Facebook and Instagram.