Fredercton police 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 Morrison made 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 partner Kim Burnett in the courtroom after the decision.

Following a New Brunswick Police Commission discipline hearing, arbitrator Cedric Haines ordered 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 Clendening ruled 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 retrocactive pay 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.