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Hayley Schoon submits civil claim against MC Holdings after JCU work fall death of partner Sol Fagan

The partner of an apprentice who fatally fell 8m while working on air-conditioning at a worksite has opened up about the profound emotional, mental, and physical toll she has endured.

Hayley Schoon, lost her partner Sol Fagan in a worksite accident in 2018. Charges against his employers Alphacool were droppedin 2021 after a court ruled there was insufficient evidence to proceed. Picture: Brendan Radke
Hayley Schoon, lost her partner Sol Fagan in a worksite accident in 2018. Charges against his employers Alphacool were droppedin 2021 after a court ruled there was insufficient evidence to proceed. Picture: Brendan Radke

The partner of an apprentice who fatally fell through a ceiling while working on airconditioning at the Smithfield JCU campus has opened up about the profound emotional, mental, and physical toll she has endured as she continues a journey towards justice that has been “riddled with challenges”.

Father of two, Sol Fagan, 40, was installing air ducts as an employee of Portsmith company Alphacool at James Cook University in August 2018 when he fell through the ceiling to a concrete floor eight metres below, suffering fatal injuries.

Mr Fagan’s de facto partner Hayley Schoon has continually fought for justice, pressing for a inquest and urgent legislative changes after workplace health and safety charges against Alphacool were dropped in 2021.

Ms Schoon, 39, has now taken her fight to the District Court of Queensland as she sues Mr Fagan’s former employer MC Holdings PTY LTD for $750,000 for personal injury and other loss and damage.

Sol Fagan with his soulmate Hayley Schoon (left) and their two kids Sojah, 12 and Sophia, 10. Mr Fagan died in 2018 on a worksite at James Cook University's library.
Sol Fagan with his soulmate Hayley Schoon (left) and their two kids Sojah, 12 and Sophia, 10. Mr Fagan died in 2018 on a worksite at James Cook University's library.

Ms Schoon’s claim, filed by Maurice Blackburn, states she has suffered psychological injury as a result of Sol’s death which has required ongoing medical and psychological treatment, and left her with functional impairment impacting her ability to work, study, and find and maintain employment.

Ms Schoon expressed the “profound emotional, mental, and physical toll” she has endured following the death of Sol.

“The unexpected loss has left me devastated, and my journey towards justice has been riddled with challenges,” she said.

“Emotionally, the grief has been overwhelming.

“Losing someone I loved so deeply has left me struggling with profound sadness, loneliness, and emotional numbness.”

Ms Schoon said each day was “marked by the weight of Sol’s absence, making it difficult to find joy or peace”.

“The trauma of knowing that Sol’s death could have been avoided has only intensified the emotional pain, and certain reminders — like visiting familiar places or hearing particular sounds — trigger waves of sorrow,” she said.

Ms Schoon said the fight for justice has been a relentless struggle.

“The legal process has felt like an uphill battle,” she said.

“The burden of navigating bureaucracy and advocating for justice has been exhausting and isolating, compounding the pain of my loss.

“Despite these hardships, I remain committed to seeking the justice my partner deserves.”

Ms Schoon is committed to fighting for changes in workplace safety and said safety was not just the responsibility of managers, supervisors, or safety officers — it’s the responsibility of everyone.

Killed in fall out of airconditioner on JCU - Sol Fagan, 40, with family
Killed in fall out of airconditioner on JCU - Sol Fagan, 40, with family

“When safety is compromised, the consequences are devastating,” she said,

“The death of a worker is the ultimate price to pay, and it’s a tragedy that no family should ever have to endure.

“Workplace fatalities are not just accidents; they are preventable. Every unsafe action, ignored hazard, or unreported risk adds to the danger.

“The ripple effect of trauma is far-reaching, extending beyond the walls of the workplace.

“Our family is left shattered, we are left grieving, our two children are growing up without their father, and friends and family carry the burden of loss.”

Ms Schoon’s statement of claim said Sol’s employer failed to take reasonable care to prevent foreseeable risk of injury to Sol while he was carrying out his employment duties, failed to provide adequate training and supervision, and failed to use any appropriate safety measures when working at height.

“Sol’s fall from unprotected height bleeds upon every day since,” she said.

“Safety protocols must never be seen as optional or inconvenient.

“We all have the power to prevent tragedy, whether by following procedures, reporting hazards, or speaking up when we see unsafe practices.

“When safety fails, it’s not just a life that’s lost — it’s the start of a ripple effect of grief, pain, and trauma that will be felt for generations.”

dylan.nicholson@news.com.au

Originally published as Hayley Schoon submits civil claim against MC Holdings after JCU work fall death of partner Sol Fagan

Original URL: https://www.adelaidenow.com.au/news/cairns/hayley-schoon-submits-civil-claim-against-mc-holdings-after-jcu-work-fall-death-of-partner-sol-fagan/news-story/3e11ab79d9bb0c5b03c1e641b44d1806