In such scenarios, eg China, the companys "get out of jail free card" is the that the Captain exhibited very poor judgement, airmanship and decision making, by in this example, taking his rest at a critical and inappropriate phase of the flight. He should have managed his pre-flight rest and taken into account this and that, and, and, blah blah blah etc etc.
This sort of argument can and will be used anytime the company needs.