Jeff Smiley's reinstatement with Fredericton police ordered by court

Frederctonpolice Chief Leanne Fitch has been ordered by the court to reinstate fired constable Jeff Smiley and give him retroactive pay dating back more than a year.

Justice Terrence Morrisonmade the ruling in the Court of Queen's Bench in Fredericton on Tuesday after hearing legal arguments on Friday.

Fitch has until 4 p.m. on Dec. 20 to restore Smiley's pay and benefits and authorize retroactive payments dating back to Dec. 2, 2015.

Smiley embraced partnerKim Burnett in the courtroom after the decision.

• Judge reserves decision in Jeff Smiley hearing over firing
• Fired constable Jeff Smiley won't be back in uniform if commission has its way
• Const. Jeff Smiley's dismissal from Fredericton Police Force quashed by judge

Following a New Brunswick Police Commission discipline hearing, arbitrator Cedric Hainesordered Smiley be fired for four counts of breaching the professional conduct standards for police officers.

Smiley had been charged with:

• Discreditable conduct by committing domestic violence
• Counselling a fellow officer not to disclose he had firearms in his possession
• Two counts of improper use and care of firearms

However, on Nov. 18, Justice Judy Clendeningruled the punishment of dismissal was unreasonable and quashed the decision by Haines.

But Smiley was not returned to the Fredericton Police Force payroll, so he initiated the court action seeking reinstatement and retrocactivepay owed him since he was fired in December 2015.

Morrison stated "This application should not have been necessary" and awarded Smiley $5,000 in legal costs.