When will rules be considered to be so well-established that they need not to be communicated? The employees may know that a particular act or omission will not be tolerated if the employer has always in the past disciplined employees who committed a particular act or omission. Rules may always be considered to be well established by virtue of common law contract principles. In terms of these principles, an employee who is guilty of misconduct breaches the duty to act in good faith towards the employer.