The Irish Aviation Authority (IAA) inspector assigned to Virgin Express cleared a flight to a Madeira Islands airport last June, the Employment Appeals Tribunal in Limerick heard yesterday.
It was cleared after the inspector had been consulted by an airline manager about special provisions attached to landing there.
Capt Declan Connolly, the airline's director of flight operations, denied an allegation made the previous day by a former employee, Capt Nicholas McHugh.
Capt McHugh had claimed the company was in breach of Portuguese aviation authority regulations by including him (Capt McHugh) in a supervisory role in the cockpit while he was on observation training.
Capt McHugh is claiming constructive dismissal from the Shannon-based company after resigning last August.
Capt Connolly said a former Government jet pilot, Capt Pearse McCrann, who was in command of the Brussels-Funchal flight, had "a point of ambiguity" which he raised with him (Capt Connolly).
Capt Connolly consulted a "master legal document" on the special requirements for landing at the category C airport.
It stipulated that a pilot in command on his first flight to the airport had to be supervised by a qualified pilot, which conflicted with a flight instruction from the Portuguese authority stating a qualified instructor captain had to be in the supervisory role.
Capt Connolly said he contacted the IAA inspector, Capt Jim Brady, the authority's second most senior inspector, and they both agreed the flight was "legal".
The hearing continues today.