Big win in Kenya! 185 former Facebook content moderators to take their case against mass firing to trial after courts slap down Meta appeal
The Nairobi Court of Appeal ruled on Friday that the case of 185 former Facebook content moderators against their unlawful mass firing by Meta should proceed to trial in a Kenyan court.
Since the case began early last year, Meta has refused to argue the merits of the case, instead insisting that Kenyan courts don’t have the power to hear it.
Eighteen months later, the moderators have confirmation that their case should go to trial in Kenya.
Friday’s court ruling came following appeals from Meta against previous decisions from the High Court in two cases.
The first case is brought by former Facebook content moderator Daniel Motaung, who alleges Meta unlawfully exploited him and his colleagues, damaged their mental health and engaged in union-busting activity to shut down a nascent trade union.
The second case is brought by the 185 former moderators, who worked in the same Nairobi Facebook content moderation hub as Daniel, challenging their mass unlawful firing.
After initially being told their jobs had been cut, it soon emerged Meta in fact intended to switch outsourcing companies at its Nairobi hub, from San Francisco-based Sama to Majorel, based out of Luxembourg, firing the entire workforce then effectively blacklisting them from returning to work with the new supplier.
In an emphatic judgment, the Court of Appeal ruled that both cases have jurisdiction to continue to trial in Kenya, rejecting Meta’s appeals.
This is a big victory for the 185 moderators, our Kenyan counsel Mercy Mutemi, and for Foxglove. We’re very proud of our work on this and excited that – finally – Meta’s cynical legal game-playing and delaying tactics appear to have run out of road.
This is also a big win for every Foxglove supporter that has donated to support our work, generously donated to the fund for the living expenses of the former moderators after Meta cut off their income, and written to Mark Zuckerberg to tell him to stop exploiting Facebook’s key safety workers. Today’s win would not have been possible without your support – thank you.
For all the updates as we prepare for trial, hit the button below: