I think the main issue here is whether a manager can legally assume that if the pilots have their licenses and have done their sim checks/ CRM courses/ technical questionaires and all the other staff professional pilots have to do these days, they are 'suitable' to operate an aircraft.
These pilots had some bad comments in sim checks apparently (who hasn't ?) and some unfavourable reports from their colleagues. But they had completed all the required tests succesfully in the end, i.e., no-one was flying without all the licences and signatures as far as I know.
So after the accident someone can say that they shouldn't be flying because they didn't handle a problem well and the result was an accident. But how was one to know or decide before the accident? How many bad comments can declare a pilot 'unsuitable' if he passes the test in the end?!!
