Fired police constable takes chief to court seeking reinstatement

Former Fredericton police constable Jeff Smiley is asking the courts to order Chief Leanne Fitch in reinstate him on the police force and provide retroactive pay owed to him after his firing was quashed by a judge.

Anarbitrator ordered Smiley fired for misconduct on Dec. 2, 2015, following a disciplinary hearing of the New Brunswick Police Commission.

However, on Nov. 18, 2016, Court of Queen's Bench Justice Judy Clendening quashed the arbitrator's ruling on the grounds the penalty was excessive.

• Jeff Smiley's dismissal from Fredericton Police Force quashed by judge
• Const. Jeff Smiley dismissed from Fredericton Police Force

Smiley's lawyer, T.J. Burke, submitted a motion to the court on Thursday seeking an order that Fitch be required to reinstateSmiley on the force as either an active member, or as a member who is suspended with pay.

The court action also asks that Fitch be ordered to provide retroactive wages and benefits for time since his firing on Dec. 2, 2015.

Arguments in the case are scheduled to be heard Dec. 8.

The New Brunswick Police Commission has indicated it won't abandon the Smiley case.

• Fired constable Jeff Smiley won't be back in uniform if commission has its way

The commission can try to appeal Clendening'sdecision to the New Brunswick Court of Appeal, or it can restart the arbitration process with a new arbitrator.

Commission executive director Steve Roberge expects the decision about which option to take will be made by the end of November.