A Surrey poultry processing company has been ordered by the B.C. Human Rights Tribunal to pay a former employee at least $7,500.

Jesbir Sarain alleged he was discriminated against on the basis of physical disability after his employment with Wingtat Game Bird Packers was terminated in November 2009.

Sarain provided manual labour at the plant, including cleaning the production floor. He had been employed with Wingtat for more than 15 years before losing the job.

In early 2006, Sarain was injured in a motor vehicle accident and required shoulder surgery.

He eventually returned to work but in August 2009 was informed he would be temporarily laid off.

Within days of returning to work in late September 2009, he notified his employer that he could work three days a week with no heavy lifting.

When he came to work the following week, he received notice his employment would be terminated.

Wingtat denied it discriminated, claiming Sarain missed days of work, couldn’t establish a steady work schedule, and was uncooperative.

In an April 6 ruling, tribunal member Tonie Beharrell found the complaint of discrimination to be justified, saying Sahrain established that his physical disability was a factor in the decision to end his employment.

Beharrell pointed to the timing of the termination, noting information about Sarain’s medical condition had been provided before the notice his employment would end.

She also wrote that there was an inadequate explanation for the earlier layoff.

“Being the only employee laid off when he was one of the most senior employees, and then having his employment terminated without notice that it was in jeopardy, had a significant, negative impact on Mr. Sarain,” Beharrell wrote in the ruling.

Beharrell ordered the employer to pay Sarain $7,500 as compensation for injury to dignity, feelings and self-respect, and to pay an undetermined amount as compensation for lost wages.