Date: 202001
Local time of day: 1801-2400
Flight conditions: VMC
Aircraft: A320
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Climb
Reporter organization: Air Carrier
Reporter function: Pilot Flying; Captain
Reporter qualification: Flight Crew Instrument; Flight Crew Air Transport Pilot (ATP); Flight Crew Multiengine
Second reporter function: Pilot Not Flying; First Officer
Anomaly: ATC Issue All Types; Conflict NMAC; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Provided Assistance; Flight Crew Took Evasive Action
Contributing factors: Human Factors
Primary problem: Human Factors

Narrative: We were cleared to take-off Runway XXR via the RNAV Departure. At roughly 500 ft. AGL the First Officer called traffic ahead. The traffic was a helicopter hovering roughly 1;000 ft. AGL directly in the Runway XXR flight path for the SID. I observed the traffic visually and confirmed the traffic on my ND with an 'AMBER' TCAS advisory image at +600 ft. TCAS did not issue a RA; which it should have because the helicopter was directly in the lateral flight path of my aircraft. At this time I adjusted the vertical climb of the aircraft to pass directly beneath the helicopter. The First Officer advised Tower that there was traffic; at which time the controller issued the helicopter traffic to start a turn South. We passed beneath the helicopter roughly 500 ft. then I resumed the vertical profile of the SID. No lateral course deviations were taken at any time during the event. The rest of the departure ensued without incident. I asked the First Officer to inform ATC that the helicopter was really close to the flight path at this time; and that we would be filing an ASAP report. Suggestions: This incident could have been prevented if the VFR helicopter traffic had not been cleared to maneuver in the departing traffic flight path. Or; if we had not been issued a take-off clearance until the VFR traffic had cleared the flight path and had been referenced by ATC tower. The controller seemed to be task saturated since he was the only controller working in the tower that time of night. Perhaps this condition contributed to the lack of traffic coordination we observed.


Second narrative: After calling for push back clearance on ground frequency; the controller asked me to call him on tower for taxi. It sounded like the same controller was working both frequencies. After being issued a takeoff clearance; a normal take off and initial climb were initiated. After I raised the gear and disarmed the spoilers; I noticed a red anticollision beacon and notified the Pilot Flying there was traffic at our 12 o'clock. I transmitted to Tower we had traffic at 12 o'clock and the Tower immediately transmitted to our traffic to start their southbound turn. Simultaneously the Pilot Flying lowered the nose to stop our climb and I noticed the TCAS was now displaying an amber target 800 ft. above us. There was no RA. The helicopter commenced its turn south and once we were clear the Pilot Flying re-established the climb and continued on the SID.I'm not sure I have a suggestion. I felt we responded appropriately (Seeing and avoiding). I would have thought TCAS would have generated an RA based on our closure rate to 'maintain vertical speed' but I guess we did not meet the criteria?


Synopsis: A320 flight crew reported an NMAC on departure with a VFR aircraft.