Settlement talks between Meta and Kenyan moderators fail in unfair dismissal lawsuit

Settlement discussions of 184 Kenyan content moderators against Meta, Facebook’s parent company, and two subcontractors have broken down. The moderators had sued Meta earlier this year, alleging unfair dismissal after losing their jobs due to union-organizing activities.

They claimed they were blacklisted from applying for positions with another firm – Majorel, after Facebook changed its subcontractors. In August, the court had encouraged both parties to engage in out-of-court settlement talks and indicated that the case would proceed if an agreement could not be reached.

British tech rights group Foxglove, working with the moderators, accused Meta and Sama, one of the subcontractors, of failing to address the core issues raised by the plaintiffs during the conversations. A hearing on the moderators’ petition to hold Meta and Sama in contempt of court is scheduled for October 31.

Why does it matter?

This case is one of several legal challenges Meta is facing in Africa, including accusations of poor working conditions in Kenya and allowing hateful posts on its platforms in Ethiopia, marking the first legal dispute of its kind beyond the borders of the United States, where Meta had previously settled with moderators back in 2021. The recent pushback by moderators in Kenya sheds light on the industry’s exploitative nature, challenging the common practice of settling such cases as seen in the US, as highlighted by Sarah Roberts, an expert in content moderation at the University of California, Los Angeles.