Are Ordinary Employees Fiduciaries?

Yes, says Robert Flannigan (U. Saskatchewan), in The Fiduciary Accountability of Ordinary Employees (Canadian Labour & Employment L.J.).  Here's the abstract of this provocative essay:

It is frequently asserted that ordinary employees do not have fiduciary duties. Only senior or key employees are burdened by fiduciary accountability. That supposed dichotomy has the appearance of both simplicity and logic. In fact, it is a senseless dichotomy, the adoption of which constitutes fundamental juristic mistake. There is no conceptual or practical distinction between ordinary employees and key employees for the purposes of fiduciary accountability, either before or after the formal termination of the relation.

rb