VTOSS is achieved quite rapidly following rotation (8 seconds in nil wind?). After that a climb attitude has to be set to avoid an excessive acceleration in IAS at the expense of rate of climb. In the AW139 this attitude results in a controlled acceleration to a speed a little above Vy. Vmini is also reached moments after VTOSS and the AFCS can be engaged. Or not. Personally, I would let the aircraft continue to accelerate and climb if it is already doing just that. A misaction during this critical phase could upset a running system.
The moment the aircraft left the ground (which was a bad decision), it was committed to the take-off. If the aircraft had the power for an OGE climb (which it had to), there was no real need to rotate at a low height (another bad decision). The cockpit had two people in it but it didn’t make the situation safer, as the crew did not know how to work together to decide upon and execute a safe course of action. Which in this case, would have been to say NO.
Great discussion. Chewing over what is and isn’t legal is important. No less the importance of doing things sensibly when having to make decisions in the grey zones and the law or employer culture can’t give the right answer.