Last year the content moderators sued Meta and two local contractors, saying they lost their jobs with Sama, a Kenya-based firm contracted to moderate Facebook content, for organising 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 collapsed in October last year.
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.
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“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 three judges at the Court of Appeal said in their ruling on Friday.
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