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Facebook owner Meta blocked from Content Moderators

Clara Situma

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Meta, the owner of Facebook, has been barred from firing more than 180 content moderators until a case challenging their dismissal is resolved.

On Friday, Employment and Labour Relations Court judge Byram Ongaya ordered Meta to halt the layoffs announced by its former agent, Samasource Kenya EPZ Ltd (Sama).

The content moderators went to court in March after being served with redundancy notices by Sama, which claimed it had split with Facebook’s parent company.

However, in a Friday ruling, Justice Ongaya determined that Meta Platforms Inc and Meta Platforms Ireland Ltd are the primary employers of the Nairobi-based content moderators.

The judge ruled that because Meta had contracted out the content moderation work, the redundancy notices were illegal. The contracts should be extended, the court ruled, until the case is resolved.

“The respondents are hereby restrained from terminating the contract of the content moderators, pending the hearing and determination of the petition. The respondents are also restrained from varying the content moderators’ contractual terms in a manner unfavourable to the applicants,” the judge said.

The workers at first were employed by Samasource Kenya EPZ (Sama), a company owned by Facebook’s owner Meta Platforms Inc. and Meta Platforms Ireland Limited.

The content moderation center in Nairobi, which serves the larger Eastern and Southern African Region, hired the moderators from a variety of African nations.

The moderators asserted that Meta had terminated their employment agreements and intended to hire new staff members through Majorel Kenya Ltd.

Mental health

In a further victory for the workers, the judge ruled that the work they do is inherently dangerous based on the evidence presented, and he or she ordered Meta to see to it that they receive the appropriate medical, psychiatric, and psychological care.

In order to ensure that workers in such spaces are protected, he also gave the government agencies the task of reviewing the law’s current status and the safety of employees in virtual and digital workspaces, noting any areas that needed improvement. They were also instructed to report to the court on the extent of their findings.

Additionally, in order for them to continue working in the nation, Justice Ongaya gave the government the order to regularize their immigration status.

The 183 petitioners are requesting that the court rule the dismissal was unlawful and order their reinstatement.

Additionally, they are asking for Sh20 million in damages for each violation of their rights, Sh10 million in damages for each unfair labor practice, and compensation for an unfair termination of employment equal to one year’s gross pay.

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