A fired Fredericton police officer is set to receive more than a year’s worth of back-pay and benefits and reinstatement into the force following a judge’s decision this week.
READ MORE: Should police be policing police? Recent NB RCMP suspensions spur discussion
Const. Jeffrey Smiley was fired from the Fredericton Police Force over a year ago following an arbitration hearing initiated by a “conduct complaint” by Fredericton Police Chief Leanne Fitch.
Local media reports say the complaint involved charges of misconduct relating to domestic violence and improper use of firearms.
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In a court decision Tuesday, Court of Queen’s Bench Justice Terrance Morrison ordered Smiley’s pay and employment benefits be reinstated by Fitch by Dec. 20 at 4 p.m. He also ordered Smiley’s wages and benefits be paid retroactively to Dec. 2, 2015.
The original arbitration in December, 2015 was eventually quashed by Justice Judy Clendening last month.
In Morrison’s decision, obtained by Global News, he said the recent court action by Smiley was “unnecessary” and questioned why Fitch had not authorized Smiley’s pay, benefits and back-pay when Clendening made her ruling Nov. 18.
But a statement received by Global News from police spokesperson Alycia Bartlett said Smiley won’t be returning to active duty yet.
“Now that a court has specifically directed the Chief to take action, the court order will be complied with,” Bartlett wrote. “Mr. Smiley will return to his former status as an officer on a paid suspension. He will not be returned to active duty with the Force while awaiting the outcome of the Police Commission appeal of Justice Clendening’s decision.”
Morrison also ordered Smiley be awarded $5,000 for legal costs.
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