technology
The court ordered Sama, a Facebook partner, to continue paying the brokers
Thursday, May 11, 2023
Judge Biram Ongaia directed Facebook partner Samasource to pay the moderators according to their existing terms and benefits, pending further directions from the court. file image | France Press agency
An Employment and Labor Relations Tribunal on Thursday ordered outsourcing firm Samasource (Sama) to continue paying Facebook content moderators, pending a ruling on a petition by more than 180 workers challenging their layoffs.
Judge Biram Ongaya ordered the company to pay the brokers on their existing terms and benefits, pending further directions from the court.
The brokers, who also sued Facebook’s owner – Meta Platforms Inc and Meta Platforms Ireland Limited – said their employer had refused to pay them their monthly salaries, a move that left them destitute as most do not have any relatives or family in Kenya.
The employees are from different countries in Africa and were onboarded as Facebook content moderators at the Content Moderation Center in Nairobi, which serves the greater East and Southern Africa region.
“For the avoidance of doubt, the order issued on March 20 is in effect until further orders are issued by the court or until the case is decided,” Judge Ongaia said.
Facebook moderators went to court in March, banning the termination of their accounts, but Meta has challenged the case arguing that Kenyan courts have no jurisdiction to decide a case against foreign entities.
The court heard that their contracts expired on March 31, 2023, and their employer had initiated layoff proceedings.
Their lawyer, Mercy Mutimi, told the court that their employer was prohibited from terminating their contracts or outsourcing content moderator jobs to another party.
The content moderators claimed that Meta had terminated the contract and was planning to hire new people through Majorel Kenya Ltd.
Chief lawyer Fred Ojiambo told the court that since the court will determine whether or not brokers work for Mita, the multinational should not be forced to pay the workers.
The court directed the motions to be heard on May 25, 2023.
The employees said they worked for Sama, who was contracted by Meta, to work in Kenya as supervisors.
“The termination of petitioners’ contracts in this manner is gravely prejudicial given that there is a live petition before this esteemed court challenging the termination of existing contracts and provisional orders,” Ms. Mutimi said in the petition.
The judge had earlier granted the content moderators, most of whom are foreigners, orders to maintain their immigration status, allowing them to remain in Kenya legally.
“Pending a hearing between the parties or other orders of the court, orders are hereby granted to preserve the immigration status of foreign petitioners here as moderators of Facebook content and allow them to remain lawfully in Kenya,” the judge said.
They want the court to declare the termination illegal and order them to be reinstated.
They are also seeking compensation for unfair termination of employment equivalent to twelve months gross salary, damages of up to MYS 10 million per intermediary for unfair labor practices and an additional MYS 20 million each, for violation of their rights.
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